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EBS General Engineering - 2016-08-01
Document-2411212-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Jim Escuba P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111111lllllllll1111111 ill 1111 NO FEE *$ R 0 0 0 8 8 9 2 7 9 2$ 201600060855610:57 am 12101116 47 NC-5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to ESS GNERAL ENGINEERING, who was the company thereon for doing the following work to - wit Brookhurst FrontageTree Petition Street, Project # CC-1531 That said work was completed 11/28/2016 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 1112812016, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Suretec Insurance Company, was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. �-&=== 1113a 14z 1 irector of Public Works or City Engineeru�Dafte City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. 1 have read said NOTICE OF COMPLETION and know the contents thereof, the same is true of my knowledge. declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duty and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section. 6103 and Director of Public Work or City Engineer Da should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 12/ 1 /2016 A RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name), after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk ) DATE: , .? _. / 3 _ � SUBJECT: Bond Acceptance I have received the bonds for. (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. . Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. "� ��` Q 7 A 3 0 TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved f (Council Approval Date) CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer Agenda Item No. f City Clerk Vault No.oL�, SIRE System ID No. FCITYB OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 3/7/2017 TO: . THOSE LISTED HEREON FROM: Jim Escutia, Contract Administrator p SUBJECT: Retention Release Payment - PO #22149 OJ Supplier #36790 Co. #207 Brookhurst FrontageTree Petition Street, Project # CC-1531 Contractor's Name: EBS GNERAL ENGINEERING Address: 1320 E. Sixth Street , STE 100 City, State and Zip Code: Corona, CA 92879 Phone Number: 951 279-6869 City Business License Number: A207722 Notice of Completion (Date by City Clerk): 11/30/2016 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. 31g1,-2 Date I certify that there are no outstanding invoices on file. Sit 3/1ri Date I ravis K. Hopkins, 6'r- Zi r of Public Works s, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. 3113 02 a� Da e Robin Estanislau, City Clerk Attachments t')) 4 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VI I of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company RECEIVED BY: (Name) 5� rCITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk n DATE: t � — 1� SUBJECT: Bond Acceptance I have received the bonds for fJ11 G L�'l� L10&1Pj L-i- A-k, (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. -5-3 If MSC No. Other No. g1forms/bond transmittal to treasurer Approved 7 7-A3 0 r-/-/)(=, (Council Approval Date) Agenda Item No. City Clerk Vault No. ( w, SIRE System ID No. 96s� • • EXECUTED IN TWO COUNTERPARTS MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That EBS GENERAL ENGINEERING, INC. (contractor's name) 1320 E. SIXTH ST., SUITE 100, CORONA, CA 92879 (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: SURETEC INSURANCE COMPANY (surety's name) 3033 5TH AVENUE STE. 300 SAN DIEGO, CA 92103 (surety's street address, city and state and zip code) BOND;' 4407230 PREMIUM: INCLUDED IN PERFORMANCE BOND a corporation organized and existing under the laws of the State of TEXAS with its principal office in the City of SAN DTF.GO, CA as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of ** Dollars ($_ 251,115.60 ), equivalent to the entire contract amount including all change orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, ** TWO HUNDRED FIFTY—ONE THOUSAND ONE HUNDRED FIFTEEN f 6/],00 DOLLARS WHEREAS, Surety is a duly admitted surety insurer under the laws of the State o Cali ornia; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated Tkur \ 20 1( entered into a contract with Owner for the BROOKHURST FRONTAGETREE PETIT46N STREET, PROJECT #CC-1531 with drawings and specifications prepared by reference made a part hereof (hereinafter referred to as the Contract); and in accordance which contract is by The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship, and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be NOVEMBER 30 20 16 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 Whenever the PiincipA shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner Io the Surety, as provided for below, the Surely shall either: (a) remedy the default or breach by the Principal, or (b) shall promptly and faithfully take charge of the Woik and complete the VJork in accordance kvith the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to Pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Ovmer of the failure of performance of the. Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in uniting, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety small state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's defaull(s) of its peiionnance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the'ddork within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 2ND day of Principal Raised Corporate Seal IMt)5T BE AFFIXED] Prinoipa; Raised Corporate Seal [M(YST BE AFFIXED] NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 1545S4/1 1813S MARCH , 20 17 EBS GENERAL ENGINEERING, INC. (Contractor Na e) BY Z (Seal) (Title) SURETEC INSURANCE URANCE COMPANY ( Itret ' Na e) By: ahr CHARLES L.LFtAKE ATTORNEY —IN —FACT APPROVED AS,.TO.F.,ORM..,_ — 3 r Michael E. Gates, City Attorney t t t CALIFORNIA ALL-PURPOSE ACKNOVWDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County 9 of Orange On 3-02-17 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake LEX�RWOOD COMM. # 2031782 M CD`, ,. NOTARYPUBLIC oCALIFORNIA ORANGE COUNTY S v Y+rComm. Exp. JULY 27, 2017 v'ti-war Name(s) of , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and, official seal. Signature �. �1 L,�Cr�`z✓ Place Notary Seal Above Signature of NotaryPubliE Lbxie Sherwood—'— — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 4: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`)� of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A.D. 2015 14rr,W SURETEC INSURANCE COMPANY �A0' FRANC�ow* y ........ O t !tw •' q '': By: John 40X Jr: resident State of Texas ss: r Y= County of Harris s a ............... +, On this 18th day of May A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. =atswaua� JACOUELYN MALDONADO \ f Notary Public State of Texas I My Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2ND day of MARCH 2O17 A.D. M. Bre t &Bcaty,'&Assistant Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ti CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Riverside On March 6, 2017 Date Public, personally appeared before me , K. Fairweather Insert Name and Title of the officer Joseph Nanci Name(s) of Signer(s) otary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. nature• �.J K. FAIRWEATHER Notary Public - California Riverside County Commission #~ 2149313 4M Comm. Expires Apr 21, 2020 ------------------------------------------------------------- OPTIONAL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: CONSENT OF SURPY FINAL PAYMENT BOND #4407230 Re: PROJECT: Brookhurst Frontagetree Petition Street, Project #CC-1531 (name, address) Huntington Beach, CA Contractor: EBS General Engineering, Inc. TO (Owner) City of Huntington Beach Contract For: Construction 2000 Main Street Huntington Beach, CA 92648 Contract Date: 08/01 / 16 In accordance with the provisions of the contract between the Owner and the contractor as indicated above, SureTec Insurance Company, SURETY COMPANY, on bond of EBS General Engineering, Inc. ,CONTRACTOR, hereby approves the FINAL PAYMENT of the contract for the project referenced above as follows: Final Contract Amount of$251,115.60. The Surety agrees that such FINAL. PAYMENT under contract shall not relieve the Surety of any of its obligations to City of Huntington Beach, Owner, as set forth in the said Surety's bond. 1N WITNESS WHEREOF, the Surety has hereunto set its hand this 6th day of March, 2017. SureTec Insurance Company Surety 1� SigpKture of Authorized Representative Spencer Flake, Attorney -In -Fact Title Attest: (Seat): CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3/6/17 Date personally appeared before me, Erin A. Sherwood cer Flake ERIN A. SHERWOOD Commission # 2118628 i Igo. Notary Public - California z Orange County D M Comm. Expires Jul 6, 2019 Place Notary Seal Above Notary Public, Insert Name of Notary exactly as it appears on the official seal of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and fficial seal. Signature Signatu tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`� of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May A.D. 2015 SURETEC INSURANCE COMPANY ........... o btu' `•:�sl By. lui t w t n_ John 4nox Jr: resident 5;z State of Texas ss: 7�t, d ;• Y County of Harris On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. �o��rrue�c JACQUELYN MALDONADO 1` Notary Public State of Texas I I My Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 6TH day of MARCH 2017 , A.D. . Brefit Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.0, Box 1.90 Huntington Beach, CA 92648 Certification of Compliance with Prevailing Wage Laws Contract: Project: Brookhurst Frontage Tree Petition Street Theundersigned contractor on the above -referenced project {"Project") hereby certifies that all laborers. mechanics, apprentices, trainees, watchmen and guards einployed by him or by any subcontractor performing u,-ork under the contract for The Project have been paid pursuant to the minimum wage and bODa fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department.of Industrial Relations, and/or the United States Department of Labor. I declare tinder penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2 day of — March 20 17 , at Corona _, California. �l- (Coeur acAlarne) Joseph A. Nanci, President EBS General Engineering, Inc. APPRC)� 7F,DzA/TO' FOR' By: Milclzael E. Gates City Attorney 3, CONTRACTOR'S CERTIFICATE ATE T. Joseph A. Nanci state and certify that: (Name of DeCclaYanf) 1. EBS General Engineering, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. 1531 (the "Contract") for the construction of the public work of in-iprovernent entitled: Brookhurst Frontage Tree Pt! tian St et , ., .... (the "Project"). All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents ('as such term is defined in the Contract). Except for the claims listed below and the disputed claims listed in paragraph. five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arisingfrom, the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none; write "NONE"): None Attached hereto are the lien waivers required by the Contract Documents, -o,rluch lien waivers have been executed by all persons who performed work on or supplied labor, services,. materials, and/or equipment for use at the Project. Set forth below is a list of disputed claims or ciainrs that are the subject of a Notice to Withhold filedpursuantto the Civil Code of the State of California (list all disputed claims, if none, write "NONE") None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at CoronaCA on this — 2 day of March , 20 17 (Signature ofDecim-cant) Joseph A. Nanci, President APPROVED AS TO T~'ORM .<<- Michael-1 . Gates City, ;A torney To Re: Contract: Certification of Compliance with Title VII of the Civil Riglits Act and Equal Employment- Opportunity Act of 1972 City of Huntington Beach Department of Public Works 2000 Main Street!'P.O. Box 190 Huntington Beach, CA 92648 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Brookhurst Frontage Tree Petition Street The undersigned contractor on the above -referenced project. ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the.Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against an), employee or applicant for employment because of race. color, religion, sex, sexual orientation, gender identity, national origiorigin, age or disability, The undersigned contractor also certifies that it has not maintained any n, C� Z-1 segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation,. gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of per under the laws of the State of California that the foregoing is true and correct. Executed this 2 day of March 20 17 .. ...... . at Corona —, California. z (Contractor Name) Joseph A. Nanci, President EBS General Engineering, Inc. APPROVED A-Stb 1~',ORM C By: Michiel E. Gates City Attorney. Document-2411212-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Jim Escutia P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111� 11 II II III II III 1111111 I II NO FEE *$ R 0 0 0 8 8 9 2 7 9 2$ 201600060855610:57 am 12101116 47 NC-5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to EBS GNERAL ENGINEERING, who was the company thereon for doing the following work to - wit: Brookhurst FrontageTree Petition Street, Project # CC-1531 That said work was completed 11/28/2016 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 11/2812016, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Suretec Insurance Company, was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. /I/3d/� rector of Public Works or City Engineer Dalte City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach i I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of / the City of Huntington Beach, as contemplated under Government code section. 6103 and Director of Public Wo or City Engineer I Dat should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 12/ 1 /2016 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City /Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for ^ 1�61 11 ,-- (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. Xf3 MSC No. Other No. g:/forms/bond transmittal to treasurer 4410 :;7 4, --�' v � 5 o �"" Cam, ,may 0 Approved I ._ i -A (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. 16- 23 I CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF FILTNITINGTON BEACH AND FOR PaO� /7S THIS AGREEMENT("Agreement") is made and. entered into by and between the City of HuntingTton Beach, a municipal corporation of the State of Califomia, hereinafter referred to as L^L,^"M "CITY," and EMS a corporation, hereinafter referred to as "CONTRACTOR." \NFHEREAS, CITY has solicited bids for a public works project, hereinafter refer -red to as "PROJECT,,, more fully described as in the City of Huntington Beach; and T�'a,,xkJkvaS 77 57n6F7- )17a&VrtCr (44Tp,-Z) CONTRACTOR has been selected to perform said services, NOW, THEREFORE-, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: Z, — STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools., equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT. during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work., including, but not limited to., all expenses incurred by or in consequence of the suspension or discontinuance of work-, except such as are herein expressly stipulated to be borne by CITY, and 1. 16--419d/cirv-funded-construction-coiitract.dor, —revised 04!2016 for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Ayreernent., and in accordance with the requirements of CITY for the, compensation set forth in the accepted bid proposal. 1?. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work - is to be perfon-ned. and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by I this reference, with the same force and effect as if the same were set forth at ler)-th herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the N�,,ork covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: B. Bonds covering the work herein agreed upon-, Z� C. The CITY's standard Plans and Specifications and special contractual provisions. including those on file in the office, of the Department of Public Works of CITY, and any revisions. amendments or addenda thereto; D. The edition of Standard Spec�fications Tf I -for Public -lorks Constructiom., published by Builders' News, Inc., 10801 National Boulevard, Los 2 16-�1,95;'city-fuiided-constr-uction-cont,ract..doc — revised 04/2016 Angeles, CA 90064, and all arnendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the'Project- E. Bid documents including the Notice Inviting Bids., the Special Instructions to Bidders and tlae CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and. incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of lilac effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications. Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his oi- her written designee (hereinafter referred to as "DPW")., and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Am -cement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict hcrev,,ith- 3 16-5195/city-furided-cc)n.strucLion-contract.doc — revised 04/2016 s. COMPENSATION, CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sure not to exceed 4_(,, y,,bDollars as set forth in the Contract Documents. to be paid as provided &E .rogo in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within VWXY 3 0 consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in. the Contract Documents. CONTRACTOR shall coordinate its work with the work. of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will. facilitate the efficient completion of the PROJECT and in accordance with the tern -is and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors,, 4 16-51951,'city-funded-construction-contT-act.doc — revised 04'N 16 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the, premises. 6. CHANGES CON-MACTOR shall adhere strictly to the plans and specifications set forth in the Conti -act Docurnents unless a n(, change therefrom is authorized in writing by DPW. Z� I Z:_' , CONTRACTOR an esany agrees to make and all changes, furnish materials and perform all work Z7 1 9 , necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR. shall submit. immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR. and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work-, services, material, or equipment shall be performed or furnished under this Aoreerrient unless and until a Notice to Proceed has been given to CONTRACTOR by Z� - I CITY, CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a dclay, in commencement of the work due to unavailability of the job site, for any reason, relief to CONTR_4CTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5 195,,'city-f-unded-constructi011-CODtract.doc - revised 04/2016 8. BONDS Only, bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds Attorney approved by the City : One in the amount of one hundred percent (100%) of the p I contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract. price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount Of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement includinu, but not limited to, an, workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration Of Such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CON'TRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting, at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure, at its own cost and expense., and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 6 1, 6-5 195/ciry-funded-construct ion -contract. doe --revised 04/20] 6 lea -roll deductions for CONTRACTOR and its officers, a.�ents and employees and all business licenses, Fany, in connection with the PROJECT and/or the services performed hereunder. I I LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be Sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason Of Such delay. It is, therefore, agreed that CONTRACTOR will pay to Five �WP.AMAS%>- CITY, as liquidated damages and not as a penalty, the sum of ($50C, ) per each calendar day 's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain In the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that i-nay become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. including, but not limited to, acts of God or of the public enemy, fire. floods, epidemics, quarantine restrictions,, strikes, unsuitable -weather. or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPXA1 shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgrient, the 7 16-5 195iciTy-ftinded-construction-contract.doc — revised 04/2016 findings of fact thereon justify the delay: and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be fumished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR., or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays., irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or Subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TUIVIE OR MONEY. A. Definitions. (1) "Change Order"' means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision In the vNork., or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension-- 8 1 6-5195;;city-f,,lnded-construction-coiitract.d.oc — revised 04/2016 (b) Payment of money or damages arising from work done bv, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes'! (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon. differing site conditions, such as subsurface or latent physical conditions at the Job site J differing C, materially from those indicated in this Agreement or the Contract Documents, or unknown 1- physical conditions at the Job site, of an unusual nature, differing materially from those ordinarilv encountered and generally recognized as inherent to work of the PROJECT; or (0 A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be --ranted except where the Contractor has I - submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after, the occurrence of the event giving rise to the Demand.. The Demand shall be in writing and include all documents riecessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5 195/city-funded-consti-uction.-coiitract.dc.,c — revised 04/2016 within fifteen (l5, ) days after receipt of the additional information oi- within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions. CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand. or the CITY falls to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPWs failure to respond within the trine prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (3 )0) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering chan2es to the time or price by executing the Change Order by mutual agreement. If I z:1 I - the CITY and CONTRACTOR are unable to reach a mutual a . then the City, Engineer _(-Frcem ent. I shall issue a written decision on the claim within a reasonable time. & Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division.3.6 of Title I of the Government Code. For purposes of those provisions., the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195,t'city-fLinded-construction-coiitract.doc — revised 04/2016 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the ineet and confer process, including any period of time utilized by the meetand confer process. 13, VARLATIONS IN ESTIMATED QUANTITIE'S The quantities listed in the bid schedule will not govern final payment. Payment I to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are -either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion., when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR. for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the tirne necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14, PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be dCdUC1.Cd and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since cornmencement of the work., will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made. CONTRACTOR may be paid such 11 16-5 195/city- fun ded-construct ion -contraeLdoc — revised 04/2016 sum as will bring the payments of each month. up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or an); part thereof unencumbered, shall, be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of - any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance vvith the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any pail. of the work, 15, WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the requesL and at the sole cost. and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and. deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. C- 16. AFFIDAVITS OF SATISFACTION OF CLAITAS After the completion of the work contemplated by this Agre=ent, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, z:1 except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5195;ciw-funded-construction-contract.doc — revised 04.,,'2036 claims. or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of Lhe State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this A-reernent. L, A. The CITY has ascertained from the Director of industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City, Clerk of CITY. CONTRACTOR and any subcontractor under it shall Pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTR--kCTOR agrees to secure payment of compensation to --very employee. R. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code.. CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or anv of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per them wages and the general prevailing rate C> n - for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement., and the same has been set forth. by , 13 16-51951'city-fLind,-d-consti-uctioii-contract.doc -- revised 04/2016 resolution on file in the office of the City Clerk of CITY. CON1TRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 18.10 et seq_, shall apply to the performance of this Agreement; thel-eUnder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shalL in accordance with California Labor Code Section 1812., keep an accurate record, open to inspection at all reasonable hours. showing the name and actual hours worked each calendar day and each calendar "leek by each worker -employed in connection with the PROJECT. B. Pursuant to this Aareement and in accordance with CaliforniaLaborCode Section 1813, CONTRACTOR shall,, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-5195,/citl,,-fuiided-consiTuction-cc,ntraCL.doo — revised 04/2016 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 19 15. 20. PAYMENT' OFTRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code., regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21 EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment Of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, I y address, social security number, work classification, straight time and overtime hours worked each day and week., and the actual per diem wages paid to each journeyman, apprentice or - worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shal I be available at all reasonable tirnes to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION. DEFENSE. HOLD I LkRMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers-, elected or appointed officials, employees, agents, and volunteers from and against any and all claims. damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5195/'city-funded-construCtiOD-contT-act.doc —revised 04/2016 property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused. in whole or in part by any negligent act or omission of the negligent CONTRACTOR, an subcontractors, anyone directly or indirectly employed by any of theirs or I y I anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indernrifficatioti to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every ernplover to be insured against liability for workers' compensation-. CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers" compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers" compensation and employer's liability insurance and CONTRACTOR. shall similarly require all subcontractors to waive subrogation. 16 16-5195,/City-funo"ed-construction-contract.doc — revised 04/2016 5 . Z_ INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harrydess and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverauc covering the PROJECT. This policy shall inderrinify CONTRACTOR., its officers, employees and agents while acting within the scope of their duties, against any, and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined sin -le 11mit bodily injury and property damage, including products/completed operations liability and blank -et contractual liability. of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers., elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage vwhich may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Patties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coveraae available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16->195./cilN,,-runde(I-construclic)n-cotitract.doc —revised 04/2016 26. CERTIFICATES OF INSURANCE-, ADDITIONAL ENSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: the certificates shall: 1. Provide the name and policy number of each carrier and policv-, 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified Med without thirty (3 ) 0) days' prior written notice of C.1 TY. CONTRACTOR shall maintain the foregoing insurance coverages in force until Z� Z-1 the work under this A-rccn-icnt is fully completed and accepted by CITY. The requirement for carrying the foregg oininsurance coverages shall not derogate tD -1 from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at, all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTR-4CTOR's Insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 1 6-5195/'city-ftinded-construction-contract.doc — revised 04/2016 which arises Out of performance of this agreement within ten (10) days of receipt of such claim or claims. 4INATION DEFAULT AND TLR, 2% If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or falls to complete the work within the time specified, Or is adjudged bankrupt or makes an assigrunent for the benefit of creditors or becornes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice, in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR. CITY may, without prejudice to ariv other remedy it may have. terminate this Agreement upon the expiration of that tirne. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement: in such event CITY may make good the deficiei-icv in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently deteirriined by a court. of competent -jurisdiction that CITY's ten-aination of this Agreement under this Section was wrongful,,, such termination shall be converted to a termination for convenience Linder Section 219 and any dama2es shall be assessed as set forth in Section 29. 29. TERMD,ATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon .;even (71) calendar days written notice to CONTRACTOR.. hi the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case Of Such termination. for convenience, the CONTRACTOR shall be entitled to receive payment for work e-xecuted, and costs incurred by 19 16-7195/City-fUDded-c,onstniction-c-ontract.doc — revised 04/2016 reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR!s sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS. ESTIMATES AND OTITER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder., or upon expiration or earlier termination of this Agreement, all original plans, specifications. drawings, reports, calculations, maps and other documents pertaining to this < zreement shall be delivered to CITY and become its sole property at no further cost. 31. NIONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer. convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have ariv financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES: RECOVERY OF ADMINISTRATINTF COSJ'S CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any urixeirribursed cost or 20 16-5 1 95,,cit3,,-funded-cc)iisrruction -contract. doe —revised 04/2016 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. C> 34. NOTICES Any notices, certificates. or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage c Z7 prepaid, and depositing the same in the LInited States Postal Service, to the addresses specified below. provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices,., certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Public Works 2000 Main Street Hunting on Beach, CA 92648 35. SECTIONT HEADUSTGQ TO CONTRACTOR: ey)s ATTN: JOSEPAi AIAAJ� 13?-,- F" SoC714 The titles,, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-529-5l,'cit\funded-construction---,oniract.doc - revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall., in particular. comply with the provisions of United States Code Section 1324a regarding employment verification. 37. SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any: subcontractor work involving legal services,. and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY. and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38, ATTORNEY'S FI., In tine event suit is brought by either party to Construe, interpret and/or enforce the terms and/or provisions of this, Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 19, -1 INTERPRETATION OF THIS AGREEMENT The language of all. parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the rernainina covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 2? 16-5195./'city-funded-(;onstruction-contTact,doc — revised (14/2016 whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the conirnission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Aggeernent shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICA TE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT IN,Iiere CITY's consent/approval Is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVI'VAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44, MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. - 23 16-5 1 95/citv- fun de d-con s tructio n-contract . doe — revised 04,2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereiribeloxv has the pmver, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in .fact. held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement zr freely and voluntarily following extensive arrn's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, prornises, agreements or warranties. oral or othenxise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any ,I representation. inducement. promise, agreement. warrant),, fact of circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire a9 eement between the parties respecting the subject matter of this Agreement. and supersede all prior understandings and agreements whether oral or .111 writinc; between the parties respecting the subject matter hereof. 24 10-5195i'ciry-funded-construction-contrac,t.doc — revised 04,12016 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by and through their authorized officers on 201(o CONTTRACTOR: EBS General Engineering, Inc. By:_ Joseph A. Nanci (print name) ITS: Chainnan resident, Vice -President (circle o-n-77' AND B);:_ Z :ion1 % - Joseph A. Nanci (print name) JTS�,,acre at Chief Financial Officer Asst. Secretary / Treasurer (circle one) CITY OF HUNTINGTON' BEACH, a municipal corporationAthe State of California City Clerk INITIATED AND APPR LIE D: Director of Public :orbs APPROVED AS City Attorney N\,, 25 .16-5195"cjtv-f-uTided-c.oiistruction-cc)ntTact.doc— revised 04/2016 ACTION AND RESOLUTION BY THE.BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNIA CORPORATION All of the. Board of Directors of EBS General Engineering, Inc., desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the e said corporation. to any and contracts executed by such auLthorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 1-010. The Board, follovdne a review of the foregoing matter, and upon motion made and seconded, the Board of birectors, hereby determines and votes unanimously as follows-. BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be, duly authorized with all the attendant powers and authorizations related thereto, to bind, olbfigatc and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date-. January 3, 2010 Z Joseply<anci, Sole Director ATTESTATION 1, being the, SecretarY of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: 1 Josep'041"T anci, Secretary CONTRACTOR'S SWORN STATEMENT AND WARIU-NTY CARDING CONTINUING INSURANCE OBLIGATIONS FROM: EBS General Engineering, Inc. PROJECT; Brookhurst Street Frontage (Contra€ for Name) Road Improvements, CC-1531 1320 E. Sixth St., Ste 100 (Street Address) Corona CA 92879 (City, State and Zip) Attached hereto is a true and correct copy of the current Certificate of insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City"} and the above -named Contractor ("Contractor") for the above -described project ("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on 9/6 2016 at _ Corona, CA (Date) (City, State) (Sionature of In rvidual Who is Making Declaration) Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contractor shafi supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Sinned on 9/6 20j-6 at ^_ Corona CA (Date) (City, state) CONTRACTOR: Name, EBS General Engineering, Inc. z "/z BY Name: lase -ph A Nanc i Title: p _ resident 27767.1.2 SECTION C PROPOSAL for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS from YORKTOWN AVENUE FRONTAGE ROAD TO KAMULEA DRIVE CC No. 1531 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) BID ITEMS 1 Mobilization 1 LS I $ ,Q $ 7 5( r)' 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick 240 T11 $ 1�/� � $ (0.1T) 3 Adjust Sewer Manhole to grade 4 EA $ 000r $x 4 Adjust Sewer Lateral Cleanout Manhole to grade 16 EA $ 11, $ 7, � 5 Furnish and Replace Existing Water Valve Cover and adjust to 4 EA $� $ C' grade ' 6 Replace City provided Water Meter Box Frame and Cover with 17 EA 0,5D J $ SJ� City furnished box and cover and to grade 7 Surface Grind Existing AC to a depth of 2" (0.1 T) 17,000 SF $ .50 p-. $ O Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 1,120 LF $ 5 $ L6 , 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. improvements 3,350 SF Q _ $ r> $� (W=4') Pull out all roots within proposed Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots $ 6 s $ within proposed improvements 2,530 SF 4u, 11 Remove Existing Tree and Grind Stump To 24" below grade. 13 —74� $ $ 7S� Pull out all roots within proposed improvements EA Plant new 24 Gallon Magnolia Little Gem Low Branching Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including 12 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with 17 EA $ �(J / $ Class A top soil. Clear and Grub existing landscape including tree roots 24" 13 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard $� $ parkway frontage and both parkway frontages for corner lots.) 17 EA (� Remove and Replace existing irrigation system for each 14 parkway per address lot. (address lot includes shared parkway — C $ frontage and both parkway frontages for corner lots.) 10 EA $,500 ✓ (1U '' 15 For Non Irrigated Parkway Lots, provide a 8' Long 3/4" PVC pipe sleeved for future irrigation. C-2.1 7 EA $ $ /y SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) 17 Furnish and install 12" RCP class V pipe with Concrete encasement including bedding and trenching 38 LF $ $ 33Uv 18 Install Junction Structure to Connect new 12" RCP to existing 42" RCP. 1 LS $ (lCl $_ 19 Furnish and Install 24"x24" catch basin box insert filter skimmer per Plans and Specifications 1 EA $ I $ /, (�� 0 20 14 Day Plant Establishment for sod 1 LS $ 5D O $ 0(.i 21 90 Day Plant Establishment for Trees 1 LS $ )c1c) $ 4 22 Provide 1 year Landscape Maintenance for Trees 1 LS $,- c�k O ��� V-,� ) $ 23 Traffic Control per Specifications. 1 LS $ () $ 24 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ 4` G�i 1 Lam" $Go 25 Install &Maintain Construction BMPs 1 LS $ i �.1 $ TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ {� ) 3O TOTAL BID AMOUNT IN WPRDSLe : , -- Note: All extensions of unit prices wifr-be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bidder's bond in the amount of 10% bid amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract J ' f S3ia c��� Ss f �7 / )/ 3o6 'C�ob, ! 7(o 10 1 ":)tcL Sm"� l BUG pco 00 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7/s/16 , at Corona CA Date City State IOSEPH A. NANCI being first duly sworn, deposes and says that he or she is PRESIDENT of EBS GENERAL ENGINEERING, INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. EBS GENERAL ENGINEERING, INC. Name of Bidder Sidnatufe dBidder 1320 E�SIXTH ST., STE 100 CORONA CA 92879 Address of Bidder C-4 California All -Purpose Acknowledgement State of California } County of _ Orange On - coA (� before me, William E . personally appeared Joseph A. Nanci WILLIAM E. ELLIS JR. Commission # 2127998 Notary Public - California Z Orange County M Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: 1 i s , Jr. , a Notary Public who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/ate subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in hisf arftheir authorized capacity(ias), and that by hisfhm*heir signatureK on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar ��ith the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7/5/I C-5 EBS GENERAL ENGINEERING, INC Title California All -Purpose Acknowledgement State of California ) County of _ Orange On (�-((, before me, William E. Ellis, Jr personally appeared Joseph A. Nanci WIL Il,M E. ELLIS JR. ,. Conimrssw # 2127998 No,ary pijbhc - California i Orange County a My Comm. Lxplres Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: a Notary Public who proved to me on the basis of satisfactory evidence to be the person) whose namel�kis/are subscribed to the within instrument and acknowledged to me that he/ sheMw-y executed the same in hisf mr/t authorized capacity(io,$), and that by hisftwrhheir signaturex on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Individual Corporate Officer: Partner - D Limited C7 General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: OPTIONAL Individual Corporate Officer: Partner - D Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 4No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code. each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/5/16 C-7 EBS GENERAL ENGINEERING, INC. Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EBS GENERAL ENGINEERING, INC Bidder Name 1320 E. SIXTH ST., STE 100 Business Address CORONA, CA 92879 City, State Zip ( 951 ) 279-6869 Telephone Number 720016 A State Contractor's License No. and Class 3/31/96 Original Date Issued 3/31/18 Expiration Date The work site was inspected by JOSEPH A. NANCI of our office on 6/30 , 201 6 . The following are persons, firms, and corporations having a principal interest in this proposal: IOSEPH A. NANCI. PRESIDENT C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. EBS GENERAL ENGINEERING, INC Compan ame Sign ture of Bidder JOSEPH A. NANCI Printed or Typed Signature Subscribed and sworn to before me this s day of 7 , 2016 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) On Month, Day, and Year personally appeared before me, Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public IM (PLACE NOTARY SEAL ABOVE) California All -Purpose Acknowledgement State of California ) County of _ Orange On '—I (-.-, - t C- before me, William E . Ellis, Jr. a Notary Public Personally Joseph A. Nanci WILLIAM E. EL LIS JR. Commission # 2127998 Notary Public - California z Orange County M Comm. Expires Oct 23, 2019 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ she/ executed the same in hisHicrAhe* authorized capacityCios�, and that by hisAmr/ heif signatureN on the instrument the person(~a);, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tNotary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and ¢reater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground eater and pipeline construction in hiEh around water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: SEE ATTACHMENT Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. WILLIE ELLIS Name of proposed Project Manager Telephone No. of proposed Project Manager: 951-279-6869 EXT 120 SEE ATTACHED REFERENCE LIST Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount 2. DAVE SULIK Type of Work Date Completed Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-279-6869 EXT 128 SEE ATTACHED REFERENCE LIST Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sib the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB 854FactSheet-6.30.14.pdf DIR's Contractor Registration Link— Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRe-istrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 7/5/16 DIR #: 1000005295 C-12 EBS GENERAL ENGINEERING, INC. Title California All -Purpose Acknowledgement State of California } County of Orange On �tC,o before me, William E. Ellis, Jr. a Notary Public personally Joseph A. Nanci WILLIAM E, Et JR. .�; Commission # 2127998 Z . "® "' Notary Public - California i ' Orange County r My Comm. Expires Oct 23, 2i)19 Notary Public Seal Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: CapacitAies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the persons) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ sheAlwy executed the same in histhcrMieif authorized capacity(%%, and that by hishimftheir signatureK on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ruu Notary Public Signature umber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 3 YEAR REFERENCES — PUBLIC WORKS 1. Project Name Improvements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2"d St. City of Long Beach Contact Phone: Charles Ramey, Chief Inspector (562) 570-6383 Price of Contract Type of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 2. Proiect Name 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Proiect Contact Danny Cwiak, Construction Project Manager (951) 377-5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb + Gutter, Ramps 11/2014 to 2/2015 3. Project Sewer Replacement Project Proiect Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-6853 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 4. Project Road Improvement Project Proiect Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318-0661 Price of Contract Type of Work Dates $14,950.00 Ramps, Curb + Gutter 2/2014 3 YEAR REFERENCES — PUBLIC WORKS act _r Manhole Surface Repair PH II Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Hamers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Project Annual Concrete Repair FY 2014-15 Project Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E. Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 7. Project Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 Bond #3-B Premium Nil SureTec KNOW ALL MEN BY THESE PRESENTS, that we EBS General Engineering, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Huntingtcn Beach as obligee, hereinafter called the Obligee, in the sum of ten percent of amount bid 10 % ) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Brookhurst Street Frontage Road Improvements CC-1531 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 1st day of July 20 16 EBS General Engineering, Inc. (Principal) BY: TITLE: unrY-,:.� t , SureTec Insurance Company 10, 1;2;z BY: Spe er Flake Attorney -in -Fact sUretec bid bond file.doc Rev 1.1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of Orange J On 07/01/2016 Date before me, Lexie Sherwood Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM. # 2031782 NOTARY PUBLIC a CALIFORNIA n 2 ORANGE COUNTY Comm. Exp. JULY 27, 2017 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand !n�dffi ial seal. f Signature Place Notary Seal Above Signature oT-Ndt4ry Publ(c texie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: _ ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POA#: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of tine SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`� of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this lath day of May , A.D. 2015 �M,p111111plpklpllU SURETEC INSURANCE COMPANY CIN +SUF.ANc wy wD , . co w ' •o = John ox Ji : resident State of Texas ss: Ssi County of Harris ,rs 4�NMNI111111�1 IIIIN�•'` On this 18th day of May A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. [::JMGOUEtLYN MALDONADO Notary Public/�Sate of Texas /f �r y Comm. Exp. 5/1812017 Jacq'6elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1ST day of JULY 2016 A.D. A.Bre Beaty, Assistrecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. California All -Purpose Acknowledgement State of California } County of _ Orange On 1. -u2 a` �- beforeme, William E. Ellis, Jr. a Notary Public Personally Joseph A. Nanci ------- O-A-A. ' -A'j Wh , ;W. Lis JR. I Conniss���w # 2121998 Notary Puouc - California Orange County My Comm. Ex Tres Oct 23 2019 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the person) whose nameXis/are subscribed to the within instrument and acknowledged to me that he/ 6heAky executed the same in hisfh ThheiF authorized capacityljes�, and that by hisfimr/tlieir signaturex on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L�A I ( c C (a , ( � (-, 4/1 Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: N) 0 -L ca 0 ND CD 0 0 —,q m 0 (D 0 cn o to Cn O r.j cn CO :4 CD M 00 CD C37 o c C) 0 Cl) CD 0 (D 0 2c 0 D CD va -4 Cfl -n 0 T M PO N) O 0. � W to NJ 0 -4 OD CD CD A.0 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g1forms/bond transmittal to treasurer Approved Agenda Item No. City Clerk Vault No SIRE System ID No. I -/ /G (Council Approval Date) EXECUTED IN TWO COUNTERPARTS BOND #4407230 PREMIUM: INCLUDED IN PERFORMANCE BOND (LABOR AND ='.T'17R K:JOtN .41" PFF:°Gr! B',- -, ESE PRESENTS V'i =REAS, Cih, of H(;ntingtnn Beach (hereafter referred io �-s "C try` has awarded to EBS GENERAL ENGINEERING. INC. (name and address of Ccniractor'j (nereinafter referred to as "Pnncihla;"�, a contract CContraci') for the v,orl, described a `-Iin:vs BROOKHURST FRONTAGiffk E PETITION STREET, PROJECT #CC-1531 (P;eject Title) - -- vt'HEPEA.S, Principal is required under the terms o' the Contract and the California Civil Code to furnish a Bono to secure the payment of claims of laborers, mechanics �lateriaimen and other persn-s as provided by taw, by a duly admired surety insurer under the !aws of the State of California (heteir.aftar re"eired to as Surely"), and S.irety is certified and nsted in the U.S Cie nment of t-.e Treasur Circular 570, ano has - p- Pa Y ;;� •�� deo ocf of sufficient bond;no limitarion, as shown, in said c;rcuia- io provide bonds it the an-ior!ni -egoired bk staid Ccotra t, znd S.,rety has provided finanoal strer.gth dings from reputable companies, such as from A VI ties!, f,-ioody s or S'aildaid r Poo. s, tD validate that Surety has positive rat:ncs of belnq SeCUre or stable; and S_re.y is registered a id I'sied with the Caiifcimia Depa ,me -it of Irsurance NOVV THEREFORE, we, the undersigned Principal, and SURETEC INSURANCE COMPANY 3033 5TH AVE., SUITE O, CA 921U3- (name and a=id,ess of Giro';'! - as Surety, are held and firmly bound unto Cit in the enaI sum of TWO HUNDRED FORTY NINE THI SAN� THREE HUNDRED THIRTY AND NO/100 dollar-, ($ 249,330.00 ), this amount being not less t^an one hunj:ed percent (100`Yn) of 'he total price set forth in the Contract. in lawful money of the United Stales of Ai ierica, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, f9rm:y by these presents THE CONDITION OF THIS OBLGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civi! Code (`Claimants") for all labor. materials or se -vices used or reasonably required foi use in perfor-lance of the work described in the Contract, or any amounts due under the Unemplovment insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774. 1775, 1813 or 1815 of the Laboi Code, or any amounts required to be deducted, withheld and paid over to time Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with resoect to the worn or labor performed under the Contract, Surety will pay for the same, in a^ amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. his bond shall inure to the benefit of any of the persons named in Section 3181 of the Califomia Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable artorney's fee in an amount fixed by the court. Pa.�� t of -+>I`?, i t 7357 PAYMENT BOND Surd{ stipulates and agr es, ic, v=lUii received, that rio J-.. -noE, ci1'rlSiJ'1 OI ti Tie, altef�t��n, adCt:iort or modlfica,iw, to the ten` s o' the Contrail, nI an;: i:}n!rsct deco^,en or an; wcri; psr iormec thereunder, vehefher ;nadc after notice or nut, steal: it eny .way affect impair :;r rclua,;c- the ob:tgations of Surely Unjet ?Ilis bond. Surety hetebr %valves I'UU:e of any such chary eafiens,on of time, aiferalion addition, or modification io the terms of the Contract, the conuec documents or the wort; thereunder Surety also VVatVeS the provtsio:is of : aiifornia Dvil Ccuc .r 2345 ane 2849. !N YViTNESS V:rHEREOF cacn ,:arty represents and warran's :h2t this instrument h-s been d.-,,y er,ecutec' by Pnncipal and �-urer • on the date set forth below, that the name of each corporate rt: being affixed hereto is such Parity's propel legal name and that th•_> sndividuals signing t,'us instr ,rift in have been duly authonzed pursuant to the authority of ;is govcmii?g oody. Surety by execuoo-. of th,s bond, waives any defLnse which Su-efy has m may Rave by teason of any failure of the Principal to execute or properly execute this bond aced SEPTEMBER 6, 2016 AE 5T EBS GENERAL ENGINEERIN I C. — (Corl_,)rate Seal) ,Principal Namej�-- By Name -- Title -� _ST SURETEC INSURANCE COMPANY (Corporate Seail --- --- (Surety hJan)-` By: �amc SPENCER FLAKE _ Elianature o`. Atlorney-to-Faci for Swct; ) A tercey-in-Fact Cert,fcaie; 61 ) 400_4100 (Area Code & Telephone. Number for Su"ervl APPROVED AS TO FORM 8Y: f-Rhael E. Gatcs•-00-A—tioney , 'L 1' Nbtc 71is bond crust be executed in dap6cate and da ed, a/! signatures must be notarized, and evrdence or the authority of any person sfgnmg as affomey-in-fact must be atiached FA1-I ENT BOND 5 Page2ou2 -4:i:4i1' ; iS: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On 09/06/2016 before me, Jessica Navaro, Notary Public (Here insert name and title of the officer) personally appeared Joseph A Nand who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �yb <1�Q ( (/✓t, Sign c o Notary Public JESSICA NAVARRO Commission #I 2046333 L _ Notary Public - California Z z `> Riverside County _ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Anty acknowledgment completed in California must contain verbiage exactly as appears ahove in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to he recorded outside of California In such instances, anv alternative acknowledgment verbiuge cis coup be printed on such a document so long as the verbiage does not require the notate to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forams (i.c. 4e/she/they- is /are ) or circling the correct forams. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 09/06/2016 Date before me, Lexie Sherwood Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIE SHE WR QQD 5_ * COMM. # 2031782 0-Y_ NOTARY PUBLIC • CALIFORNIA :? fit' .., ORANGE COUNTY Comm. Exp. JULY 27, 2017 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand an official seal. Signature Ld�' Place Notary Seal Above Signature of N—Aary Public Lexie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POA#: 510123 SureTec Insurance Company LLMTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/1812017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May , A.D. 2015 � �M��➢un�i0ry0,44/ SURETEC INSURANCE COMPANY 60' \3SANC 11�ilili w D John ox Ji : resident State of Texas ss: 7 `•. `a•:' Y County of Harris On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. [S:AYCQUELYN MALDONADO Notary Public State of Texas Comm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 6TH day ofSEPTEMBER 2016 A.D M. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. EXECUTED IN TWO COUNTERPARTS BOND #4407230 PREMIUM $3,590 PERT ?,C)R yP,NCE BIDNID KNOW .';LL =C ..; Pt;. BY THESE DRESENTS WHERE,ASS. City or Huntington Beach (hereafter reierrec to as "City") has, bV writte:. acreer en( ualFd 20 . entered into a contract +gill. EBS (2NERAE-ENGINEERING, INC.----- 1320 E. SIXTH ST., SUITE 100, CORONAE CA 9 7 (name and address of Contractor) (hereinafter referred to as `Principal"), for performance of the wore, described as follcws RB OOKHURST FRONTAGETREE PETITION STREET, PROJECT #CC-1531 (Project Title) 0,1HEREAS, sa!d contract. and all documents referencea 'therein (hereinafte- collectively 'Conusc!'), are incor�,orated herein by this reference made a par! hereof as though set forth herein in full, and Said Principal is reouired under the terms of the Contract m furnish a cond guaranteeng !ne prompt, full and zalthf ii performance of said Contract by a duly admd,ed surety insurer under t.ne !avvs of the State of California (hereinafter ieierred to as 'Surety";r ar�d Surety is ce-tified and listed in the U.S Department of the Treasury Circular E_770, and has Provided proof of sufficient bond;ng !imitations as s'ncwn in said circular to provide bonds in the amount reouired by said Contract; ano Surety has provided financial strength ratings from reputable companies, such as from A.h1. Best, f,•ipody's, or Standard & Poor's to valid2te that Surehr has positive ratings of being secure or - Stable: and Surety, is registered and listed with the California Department of Insurance NOW. THEREFORE, we, the undersigned, as Prindpat, and U:_SAN DIEGO, CA (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of NINE THOUSAND THREE HUNDRED THYRTY AND _FORTY Dollars ($ 249 . 330. 00 }, this amount being not less than one hundred percent of the price set forth in the Contract, in iavvful money of the United States, for the payment of vvhich sum, well and truly to be made, we bind ourselVes, our heirs, executors, administrators and successors, jointly and severally. firmly by these presents. THE CONDITION. OF THIS OBLIGATION IS SUCH THAT if the Principal shad prompby, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered. amended or modified from time to time; and if the Prirnctpa shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees') fromany and all losses, liability and damages, claims, Judgments. stop notices, fees and costs of every description, whether imposed by iavv or in equity, which may be incurred by the Obligees by reason of the failure or default on the par of the Principal in :he performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and moditi.ations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, is shall be and shall remain ;n full force and effect. Surety stiouiates and agrees. for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the v e.%to be performed thereunder, shall in any way affect, limit, restrict. impair or release the obligations of tha Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the twork to be performed thereunder, and agrees 15-45811;1711-4 4407230 to a_tnrnatica•.Iv cd!us.. Pena, suer, of mis oo ;d to — ,cn ad-ustr-nents _==ite deletions, 2ddrii:ns oa-loa!fioations Surety agrees to efoode •..Ti ter, c orni: n,ai cn :,, such adjustments in the slim to City on not less than a quarteny basis Surety also wives t!ie provisions of C;v: Code �; 2645 and 2849 The obligations of this Pond shall survive the compietion of the work descrioed in ll c ; ortf: ct as to all obligations and liabihttes of the Principal whi; h survive comrletion of the work, IN WETNESS \NHEREOF, each party represents and %varrants Inat this insirume:11 his bccn duiv executed by Principal and Surety, on the date set forth below that the name of each corporate party being affixed hereto :s such part'-s proper legal name and that the individuals signing t-is instrument have been duly authonzed pursuant to th= auihonty cf ns Governing body. Surety, by e;ecution of this bond, waives_ any defense which Surety has or may hE'vc- by reason of any failure (Ii the Pr,ndpal to execute or property execute this bond. D 3ted: SEPTEMBER 6 , 2016 P.TLST EBS GENERAL _ F.NGTNFERTNG, INTO,_.._ (Gnrporafc- Saai; J(Pnnupal f�amel P.TTEST SURETEC INSURANCE COMPANY -orror,te Seali �Sure'), Name) 5 y �Yj Dame: ER FLAKE (Signature of Atiomey-,r,-Fac! for Surety) Atoch : t`orney m-Fac! Ce^ificzte) 6�i 400-4100 ;Area Code & Telechone Nu-nbef fcr Surety) APPROVED AS TO FORJJ By: f� Michael E. Gales, City Attcrney Note, This bond must be ezecurcd in duplicate and dared, all sianaturas must he rro;a ;zed, and ewJonce o(the autho,ity ofany person siQlune as a.,tsr^,ev-i. -; act .gust be a(ta r ed. PEFFOR AKICE BOND Page. 2 of 2 1 5-;=84/117; ;L CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On 09/06/2016 before me, Jessica Navaro, Notary Public (Here insert name and title of the officer) personally appeared Joseph A Nanci who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa of otary Public JESSICA NAVARRO V. Commission #t 2046333 = i(M-_ Notary Public - California >z_ Riverside County (Notary Sea ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknowledgment completed in California must contain verbiage esactlr as appears above in the notary section or a separate acknowledgment firm must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California In such instances, ant, alternative acknowledgment verbiage as mar be printed on such a document so long as the verbiage doer not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacty, gfthe signet). Please check the document carefully for proper notarial wording and attach this farm if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e 1w/she44e5- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression [oust not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 09/06/2016 Date before me, Lexie Sherwood Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM. # 2031782 Z NOTARY PUBLIC • CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2017 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Signature Place Notary Seal Above Signature of fMary Public Lexie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POAN: 510123 SureTec Insurance Company LLMTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 5/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'' of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 18th day of May , A.D. 2015 O'�M,p101111I01klllp4 SURETEC INSURANCE COMPANY 'X...... 1,c0% ; y �5 By: w , w D John ox Ji . resident State of Texas ss: �`•. Co T= County of Harris s•....,-`` On this 18th day of May , A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly swam, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. :JA:C1QUE1LYNMALD0NAD0Jtary Publicate of Texasm. Exp. 5/18/2017 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 6TH day of SEPTEMBER 2016 A.D. Bre t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. e r CORD,. CERTIFICATE OF LIABILITY INSURANCE 1 09/0 M/9/06/2016 Y) 016 PRODUCER LIC #OE28842 1-949-756-4100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Invensure Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17991 Cowan ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614 Bob Parent INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: LIBERTY MUT FIRE INS CO 23035 EBS General Engineering, Inc. INSURERB:LIBERTY INS CORP 42404 1320 E. Sixth St. #100 INSURERC: Corona, CA 92879 INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' N R T P F N POLICY NUMBER POLICY EFFECTIVE DATE MM DD/YY POLICY EXPIRATION DATE MM/OD YY LIMITS A GENERAL LIABILITY 09/28/15 09/28/16 EACH OCCURRENCE" $1,000,000 DA—MAG PREMIMERCIALGENERALLIABILITY ETORENTED100,000 PREMISES Eaoccurence $CLAIMSMADE �TB2-Z91-454286-015 OM MED EXP (Any one person) $Excluded � OCCUR 4C1$'5OOO $1,000,000 Deductible (PERSONAL&ADVINJURY GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY F x PE � F LOC A AUTOMOBILE LIABILITY AS2-Z91-454286-025 09/28/15 09/28/16 COMBINED SINGLE LIMIT $ 1, 000, 000 (Ea accident) �X] ANY AUTO BODILY INJURY (Per person) $ 'H ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO AUTO ONLY: AGG I $ B I EXCESS/UMBRELLA LIABILITY TH7-Z91-454286-045 09/28/15 09/28/16 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 X OCCUR CLAIMSMADE IS $ DEDUCTIBLE $ X RETENTION $ 10,000 WORKERS COMPENSATION AND WC2-Z91-454286-035 09/28/15T 09/28/16 WCS'fATU- OTH- RYLIMITS ER �XL . EACH ACCIDENT $ 1,000,000 EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? X E.L. DISEASE- EA EMPLOYEE $ 1, 000, 000 It yes, describe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS APPROVED "Additional insured form CG2037 04 13 & CG2033 04 13, Blanket GL waiver of subrogation CG2404 0 7�� Primary wording LC 24 20 02 13 apply per attached forms. The City of Huntington Beach , its agents, officers, and employees are additional insur g — the attached. MICHAEL E. ATES Project: Brookhurst Frontage Tree Petition Street CITY ATTORNEY Project #CC-1531 CITY OF HUNTINGTON BEACH LrrhIIrlL:AIrMULUrh l.g1Yl.CLLM11U17--o.aJ: --Y. ..v..a..c --- ..v..1...Y...c..r. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL 4;WR39 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USA�— ACORD 25 (2001/08) Lmills U ACORD CORPORATIUN 19BU 47742796 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Policy No. TB2-Z91-454286-015 CON+IVERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an aciftonal insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your ads or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury% "property damage" or "personal and advertising injury" .arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 O Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ® Insurance Services Office, Inc., 2012 CG 20 33 0413 POLICY NUMBER: TB2-Z91-454286-015 COMWERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modes insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by .your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket where required by written contract executed Any prior to a loss or occurrence. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2-Z91-454286-015 Issued by Liberty Mutual Fire Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT— SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: All persons with whom you have a written agreement to include them as Additional Insured, which is signed in advance of the "occurrence" or offense for which the Additional Insured seeks coverage. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LC 24 20 02 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: TB2-Z91-454286-015 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written Contract or agreement entered into prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 insurance Services Office, Inc., 2008 Page 1 of 1 13 Company Profile Search Results Page 1 of I COMPANY PROFILE Company Profile Company Search Search Results Company Search Results Select a Company Name to view the company's rofile. P YP Company Complaint Company State NAIC Performance & Company Name of NAIC Group CA ID Comparison Data Domicile Number Number Number Company SURETEC INDEMNITY COMPANY CA 15099 4779 5835-4 Enforcement Action Composite SURETEC INSURANCE COMPANY TX 10916 4779 4914-8 Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer 2008 California Department of Insurance https:Hinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 9/20/2016 Company Profile Page 1 of l Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PD F's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information SURETEC INSURANCE COMPANY 1330 POST OAK BLVD., SUITE 1100 HOUSTON, TX 77056 Effective Date NAIC #: 1 10916 California Company ID #: 4914-8 Date Authorized in California: 10/24/2005 License Status: UNLIMITED NORMAL Company Type: Property & Casualty State of Domicile: TEXAS back to top NAIC Group List NAIC Group #: 4779 ]K Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://interactive.web. insurance. ca.gov/companyprofi le/companyprofile?event=companyP 9/20/2016 Surety Bonds - Certified Companies Page 1 of 23 Introduction to Fiscal Careers A-Z Index Glossary Training & Events Related Websites Search: yi Y, a 3)ft f Fecal Service Home About Us Our Programs Reports R Publications Our Sen,ices Views Contact Us Reports & Publications Reports & Statements Reference & Guidance Annual Fiscal Service Letters FAST Book Financial Management and Standardization Fiscal Service Data Registry Forms Gold Book Green Book Index of Programs & Services Links for Government Agencies and Financial Institutions Links for Individuals Navigating Our Site Regulations and Guidance Surety Bonds Background Getting Started Certified Companies Admitted Reinsurers Sureties Listing Forms Regulations & Guidance Correspondence Contacts Systems Access Taxpayer Identification Number (TIN) Policy US Standard General Ledger (USSGL) Publications Department of the Treasury's Listing of Certified Companies Certified Companies Certified Reinsurer Companies Footnotes_ Notes States Insurance Departments Supplemental Chanqes to Circular 570 Download the complete listing of Certified Companies M(150 KB) AIBI�IPIEIFIQIHI!IJIKILIMIN I9IPIQIRI5IT] UIV_IwIxIY_IZ A Updated July 1, 2016 ACCREDITED SURETY AND CASUALTY COMPANY, INC. (NAIC #26379) BUSINESS ADDRESS: PO Box 140855. Orlando. FL 32814 - 0855. PHONE: (407) 629-2131. UNDERWRITING LIMITATION b/: $2,164,000. SURETY LICENSES c,f/ AK, AZ, AR, CA, CO. CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Florida. ACE American Insurance Company (NAIC #22667) BUSINESS ADDRESS: 436 Walnut Street P.O. Box 1000, Philadelphia, PA 19106. PHONE: (215) 640-1000, UNDERWRITING LIMITATION b/: $257,882,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. ACE Property and Casualty Insurance Company (NAIC #20699) BUSINESS ADDRESS: 436 WALNUT STREET, P.O. Box 1000, Philadelphia, PA 19106. PHONE: (215) 640- 1000. UNDERWRITING LIMITATION b/: $199,590,000. SURETY LICENSES c,f/ AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY. NC, ND, OH. OK, OR, PA, PR, RI, SC. SD, TN, TX. UT, VT, VA, WA, WV. WI, WY. INCORPORATED IN: Pennsylvania. ACSTAR INSURANCE COMPANY (NAIC #22950) BUSINESS ADDRESS: 30 SOUTH ROAD, FARMINGTON, CT 06032. PHONE: (860) 415-8400. UNDERWRITING LIMITATION b/: $2,634.000. SURETY LICENSES c.f/: AL, AK, AZ, AR, CA. CO. CT. DE, DC, FL. GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH. NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Illinois. Aegis Security Insurance Company (NAIC #33898) BUSINESS ADDRESS: P.O. Box 3153, Harrisburg, PA 17105. PHONE: (717) 657-9671. UNDERWRITING LIMITATION b/: $5,644,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE. DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. ALL AMERICA INSURANCE COMPANY (NAIC #20222) BUSINESS ADDRESS: P.O. BOX 351, VAN WERT, OH 45891 - 0351. PHONE: (419) 238-1010 UNDERWRITING LIMITATION b/: $14,597,000. SURETY LICENSES c.f/: AZ, CA, CT, GA, IL, IN, IA, KY, MD, MA, MI, NV, NJ, NY, NC, OH, OK, TN, TX, VA. INCORPORATED IN: Ohio. https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c5 70_a-z.htm 9/20/2016 Surety Bonds - Certified Companies Page 19 of 23 St. Paul Mercury Insurance Company (NAIC #24791) BUSINESS ADDRESS One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $12.495,000. SURETY LICENSES c,f1: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Connecticut. Standard Fire Insurance Company (The) (NAIC #19070) BUSINESS ADDRESS: ONE TOWER SQUARE, HARTFORD. CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $118,554,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR. PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Connecticut. Star Insurance Company (NAIC #18023) BUSINESS ADDRESS: 26255 American Drive, Southfield, MI 48034. PHONE: (248) 358-1100. UNDERWRITING LIMITATION b/: $31,411,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Michigan. StarNet Insurance Company (NAIC #40045) BUSINESS ADDRESS: 11201 Douglas Avenue, Urbandale, IA 50322. PHONE (515) 473-3000. UNDERWRITING LIMITATION b/: $11,430,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Delaware. Starr Indemnity & Liability Company (NAIC #38318) BUSINESS ADDRESS: 399 Park Avenue, 8th Floor, New York, NY 10022. PHONE: (646) 227-6400. UNDERWRITING LIMITATION b/: $184,757,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Texas. State Auto Property and Casualty Insurance Company (NAIC #25127) BUSINESS ADDRESS: 518 EAST BROAD STREET, COLUMBUS, OH 43215. PHONE: (614) 464-5000. UNDERWRITING LIMITATION b/: $65,535,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NY, NC, ND, OH, OK. OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WV, WI, WY. INCORPORATED IN: Iowa. State Automobile Mutual Insurance Company (NAIC #25135) BUSINESS ADDRESS: 518 EAST BROAD STREET, COLUMBUS, OH 43215. PHONE: (614) 464-5000. UNDERWRITING LIMITATION b/: $43,994,000. SURETY LICENSES c,f/- AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Ohio. State Farm Fire and Casualty Company (NAIC #25143) BUSINESS ADDRESS: ONE STATE FARM PLAZA, BLOOMINGTON, IL 61710 PHONE: (309) 766-2311 UNDERWRITING LIMITATION b/: $1,419,677,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Illinois. Stillwater Property and Casualty Insurance Company (NAIC #16578) BUSINESS ADDRESS: P. O. Box 45126, Jacksonville, FL 32232 - 5126. PHONE: (800) 849-6140. UNDERWRITING LIMITATION b/: $11,020,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: New York. SureTec Insurance Company (NAIC #10916) BUSINESS ADDRESS: 1330 POST OAK BLVD, SUITE 1100, HOUSTON, TX 77056. PHONE: (713) 812- 0800. UNDERWRITING LIMITATION b/: $8,656,000. SURETY LICENSES c.f/ AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN. IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC. SD, TN, TX. UT, VT. VA, WA. WV, WI. WY. INCORPORATED IN: Texas. SURETY BONDING COMPANY OF AMERICA (NAIC #24047) BUSINESS ADDRESS: 333 S. WABASH AVE, CHICAGO, IL 60604. PHONE: (312) 822-5000. UNDERWRITING LIMITATION b/: $830,000. SURETY LICENSES c,f/: AL, AZ, AR, CA, CO, DE, DC, GA, ID, IL, IN, KS, MN, MO, MT, NE, NV, NM, NY, ND, OK, OR, SC, SD, TN, TX, UT, WV, WY. INCORPORATED IN. South Dakota. Swiss Reinsurance America Corporation (NAIC #25364) BUSINESS ADDRESS: 175 KING STREET, ARMONK, NY 10504 - 1606. PHONE. (914) 828-8000. UNDERWRITING LIMITATION b/: $358,107,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, Wl. INCORPORATED IN: New York. Back To Too TEXAS PACIFIC INDEMNITY COMPANY (NAIC #20389) BUSINESS ADDRESS: 15 Mountain View Road , Warren , NJ 07059. PHONE: (214) 754-0777. https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm 9/20/2016 CITY OF HUNTINGTON BEACH PROJECT NAME: FY 15/16 Sewer Lining Project CC#: 1533 BID OPENING DATE: 7/21/2016 TIME & LOCATION: 2:00 PM @ Coucil Chambers ENGINEER'S ESTIMATE: $300,000-00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT Insituform Technologies, Inc, Fullerton �a 4 7 �, Y40 Nu -Line Technologies, Encinitas Sancon Engineering, Huntington Beach t�2 "z ev, Southwest Pipeline, Torrance PTS O4252016 Version 15—CC 1533 BID DATE: 'r]W Engineer's Estimate: $ BID LIST a o� o O ©; oD BLDDER'S NAAM -.RANK- TOTAL BID "OUN7 4. $ 5. $ 7. $ 10. $ I1_ $ 12.13. $ 14. 2018 JUL 2 1 Plk if 1; 58 CI i y ]..I �Jl T 1 H G T CC) Ln C\j N ,� Jivic/ :oo `Jul 2�, as C,,j GV 00 :Z Hj i z -,,nc stoz t-n w CD C) CITY OF HUNTINGTON BEACH PROJECT NAME: Brookhurst FrontageTree Petition Street CC#: CC-1531 BID OPENING DATE: 7/7/2016 TIME & LOCATION: 2.-00 PM at Council Chambers ENGINEER'S ESTIMATE: $260,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT ALL AMERICAN ASPHALT, CORONA BEADOR CONSTRUCTION COMPANY, CORONA CALPROMAX ENGINEERING, PLACENTIA EBS GENERAL ENGINEERING, EXCEL PAVING, LONG BEACH 2— HARDY & HARPER, SANTA ANA HYM ENGINEERING, BUENA PARK NOBEST, WESTMINSTER' RSB GROUP, LAKE FOREST SULLY -MILLER, BREA PTS-0 1 252016—Version-1 5_CC1 531 3 YEAR REFERENCES - PUBLIC WORKS ~oiect Name -iprovements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2"d St. City of Long Beach Contact Phone: Charles Ramey, Chief Inspector (S62) S70-6383 Price of Contract Type of Work Dates $1,2S4,000.00 Street Improvement 8/2012 to 2/2013 2. Project Name 2014/201S Citywide Curb, Gutter, Sidewalk, Driveway Repairs Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Proiect Contact Danny Cwiak, Construction Project Manager (9S1) 377-SS14 Steve Howard Price of Contract Type of Work Dates $407,628 Curb + Gutter, Ramps 11/2014 to 2/201S 3. Project Sewer Replacement Project Proiect Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738-68S3 Price of Contract Type of Work Dates $998,151.00 Sewer, Curb + Gutter 1/2012 to 2/2013 4. Proiect Road Improvement Project Project Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318-0661 Price of Contract Type of Work Dates $14,9S0.00 Ramps, Curb + Gutter 2/2014 3 YEAR REFERENCES - PUBLIC WORKS 5. Project Sewer Manhole Surface Repair PH II Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Harriers, District Engineer (949) 548-1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Project Annual Concrete Repair FY 2014-15 Project Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E. Maximous, Public Works Director (949) 635-1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 7. Project Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $172,000.00 Curb + Gutter, Bus Pad 11/2014 to 9/2015 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk September 29, 2016 EBS General Engineering Attn: Joseph Nanci 1320 E. Sixth Street, Ste. 100 Corona CA 92879 Re: CC-1531 - Brookhurst Street Frontage Road Improvements Enclosed for your records is a fully executed copy of the "City Funded Construction Contract between the City of Huntington Beach and EBS General Engineering for Brookhurst Street Frontage Road Improvements approved by the Huntington Beach City Council on August 1, 2016. Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan e Waitakere, New Zealand Dept. ID PWC 16-010 Page 1 of 2 Meeting Date: 8/1/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/1/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve an appropriation of $310,000 from undesignated Gas Tax into Gas Tax fund; award and authorize execution of a construction contract in the amount of $249,330 with EBS General Engineering for the Brookhurst Street Frontage Road Improvements, CC-1531; and, authorize up to fifteen percent (15%) in construction contingencv Statement of Issue: On July 7, 2016, bids were opened for the Brookhurst Street Frontage Road Improvement Project, CC-1531. City Council Action is requested to award the construction contract to EBS General Engineering, the lowest responsive and responsible bidder. Financial Impact: The total amount needed for the project is $310,000. Funds of $310,000 are available in the undesignated Gas Tax fund balance. Recommended Action: A) Appropriate $310,000 from undesignated Gas Tax fund balance into Gas Tax fund No. 20790040.82300; and, B) Accept lowest responsive and responsible bid submitted by EBS General Engineering in the amount of $249,330; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction contingency. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: This project will rehabilitate the Brookhurst Street Frontage Road, from Kamuela Drive to Yorktown Avenue, on the established Tree Petition Program and was picked for construction based upon current street condition. Item 7. - I HB - ] 72- Dept. ID PWC 16-010 Page 2 of 2 Meeting Date: 8/1/2016 The scope of work includes removal and replacement of concrete sidewalks, driveway approaches, cross gutters, curb and gutter, landscaped parkways, and curb ramps. The asphalt roadway will include a cold mill and overlay with new asphalt due to previous damage from existing tree roots. The bids were publically opened on July 7, 2016. The verified bid amounts are listed below: Bidding Contractor ed Bid Verified Bid EBS GENERAL ENGINEERING p$249,330.00 $249330.00 NOBEST .50 276581.50 EXCEL PAVING .00 $313,211.00 SHAWNAN $339 840.00 $339 840.00 HARDY & HARPER 355 512.00 $355,512.00 Staff recommends award of the contract to EBS General Engineering, in the amount of $249,330. The contractor has provided successful projects from past work performing work in the City. The total estimated project cost is $310,000, which includes the construction contract, project management, construction contingency and supplemental expenses (inspection services). A fifteen percent construction contingency is requested to cover potential costs associated with underground utility work in this project. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on March 16, 2016, with a vote of 6-0-1 (Commissioner Capps absent). Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map HB -173-Item 7. - 2 NTS BROOKHURST ST SERVICE RD. (KAMUELA DR. - YORKTOWN AVE. SERVICE RD.) TREE PETITION STREET IMPROVEMENTS CC-1531 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH IOLV DEPARTMENT OF PUBLIC WORKS Item 7. - 3 1 1 13 _1 7 4_ CITY OF HUNTINGTON BEACH C, PROJECT NAME: Brookhurst FrontageTree Petition Street CC#: CC-1531 BID OPENING DATE: 7/7/2016 TIME & LOCATION: 2:00 PM at Council Chambers ENGINEER'S ESTIMATE: $260,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT ALL AMERICAN ASPHALT, CORONA BEADOR CONSTRUCTION COMPANY, CORONA CALPROMAX ENGINEERING, PLACENTIA 9 0 EBS GENERAL ENGINEERING, SANTA ANA EXCEL PAVING, LONG BEACH HARDY & HARPER, SANTA ANA HYM ENGINEERING, BUENA PARK NOBEST, WESTMINSTER �pf RSB GROUP, LAKE FOREST SULLY -MILLER, BREA PTS 01252016 Version 15—CC 1531 loo 7 2-016 o CM C= CA= -40 A Ito lAr BID? G 3 A 13 0 3 8 SECTION A NOTICE INVITING SEALED BIDS for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS CC No. 1531 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on July 7, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://ww-w.huntingtonbeachca.gov/govemment/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of concrete driveway, curb & gutter, and sidewalk replacement, street tree replacement, cold milling existing pavement, installation of an inch and a half (1-1/2") asphalt concrete overlay, and adjustment of existing utility covers. In addition, a small catch basin and storm drain will be installed with a small storm drain pipe. The contract shall allow the Contractor 30 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2015, by Resolution No. 2015-47. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Esparza, Patty From: David Ward [DWard@ocregister.com] Sent: Thursday, June 16, 2016 10:04 AM To: Esparza, Patty Subject: RE: Legal ad for HB Wave - CC-1531 Good morning Patty. I hope your day is going well. I think Huntington Beach is going to be the perfect city to be at this weekend with this heat. Your proof is below. Ad#10173999 Run Dates 6/23 & 6/30 Cost $402.00 PROOF SECTION A NOTICE INVITING SEALED BIDS for the construclion of BROMMURST STREET FRONTAGE ROAD IMPROVEMENTS CC Na. ISM in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVER that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated proie,-As and will receive such buds in the office 4f the City Clerk. Second Floor. 2000 stain Street, Huntinytan Beach„ California 92648, uA to the (tour of 2:00 P.M. on July 7, 2010, Bids will be publicty opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 PAain Street, Huntington Beach, CA 92648, upon pay- ment of a $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by LAPS ground delivery fbddder stiall pay additional costs for special delivery). Plans, Specifications, and contract documents can tie downloaded free on AGENCY web - site. http:l,(www. huntingtonbeachca, aov,Igcvernment depanmeratVpu blic_worksjSi d!�; Any contract entered into pur vuant to this notice wM4 incorporate the provisions of the State Labor Code, :Pursuant to the provisions of the Labor Code of the State of California, the minimum Prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shaft be those determined by tie Director of Industrial Re- latiom of the State of California. which are on file at the Office of the Director -of Public Works. 2000 Main Street. Huntington Beach, CA 92648, The AGENCY will deduct 5% retention from all progress payments, The Contractor may substitute an escrow holder surety of equal value to the retention in accordame with the provisions of the Public Contract Code, Secon io263, The Contractor shall be beneficial Owner of the surety and shall receive any interest lriereon. The AGENCY hereby, affirmatively ensures that minority business enterprises will be a.lford- ed full opportunity to submit bids in resoorse to this notice and will not be discriminated against on the basis of race, color, national origin. ancestry, sex or religion in any consid= eration teadinq to the award ❑f contract, No bid shad be considered unless it is prepared on th.e approved Proposal fortes in con- formance with tote lnstructions to Bidders as determined by the AGENCY, The bid must be accompanied by a certified check, cashier's check, or bidder's bond made oavable to the AGENCY for an. atnoom no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall Possess a State Contractor's License Class A at L:e time of the bid opening. The success- ful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be sut)ject to verification by the AGENCY. In ease of a variation between the unit price and the extension. ". unit price will govern. Praimt Descripticm: The project consists primarily of Concrete driveway. curb,& gut- ter, and sidewaN replacement, street tree replacement, cold millinq exsstinq pavemert. In- staflatian of an Inch arsd a half (1-112") asphalt concrete overlay, and adjustment of existinq utility covers. In addition, a small catch basin and storm drain will be installed with a small storm drain pipe_ The Contract shall allow the ContracAor 34 work nq days to Gom.plate the contract, The AGENCY reserves the right to reject any or all bids, to waive any irreqularity and to take all birds under advisement for a maximum period of CIO days. BY ORCER of the GfTY COUNCIL of the CITY GR HUNTINGTON E`EAC.H. CAUFOPN IA, the Sth day of September 2015. by Resolution No, 2O15-47. Attest: fs; Rubin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Publistred: The Huntington Beach Wave June 23, 30, 2016 10173999 Oc REGISTER LEGAL ADVERTMINS trill..P. 714.796.6764 .._ - E 714.347.2724 in�w4�ill.Frwliil Unsuccessful Bids CC-1531 Brookhurst St. Frontage Road Improvement City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 RE: Brookhurst St. Frontage Road Improvement. — CC-1531 Enclosed please find your original bid bond for CC-1531. Sincerely, Robin Estanislau, CIVIC City Clerk RE: pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand c c -A low SECTION C PROPOSAL for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS from YORKTOWN AVENUE FRONTAGE ROAD TO KAMULEA DRIVE CC No. 1531 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) BID ITEMS 'Item ` Descr�pt�on , Quantity Unit Unit Cost Total Cost 1 Mobilization 1 LS $ /%, V00 $ qDD- 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick 240 $ j �� $ aZ �Oi S�Zr (0.17') TN 3 Adjust Sewer Manhole to grade 4 EA $ &00- $ a 71a® 4 Adjust Sewer Lateral Cleanout Manhole to grade 16 EA $ 5QV — $ 8-3-ZO 5 Furnish and Replace Existing Water Valve Cover and adjust to 4 $ 5a� $ 08� grade EA 6 Replace City provided Water Meter Box Frame and Cover with City furnished box 17 $5a®� _ $ 89 and cover and to grade EA 7 Surface Grind Existing AC to a depth of 2" (0.17') 17,000 SF $ $ Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 1,120 /�Q _ $ $ �(P4l LF l�y 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull improvements 3,350 Q $ 8 3� $ 7, S0S _ out all roots within proposed SF 02 Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W° Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots improvements 2,530 $ /Z _ $ 3o, within proposed SF 11 Remove Existing Tree and Grind Stump To 24" below grade. Pull improvements 13 r 10D out all roots within proposed EA Plant new 24 Gallon Magnolia Little Gem Low Branching Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including 12 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top 17 soil. EA Clear and Grub existing landscape including tree roots 24" 13 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard frontage both frontages for 17 parkway and parkway corner lots.) EA Remove and Replace existing irrigation system for each 14 parkway per address lot. (address lot includes shared parkway both frontages for lots.) 10 $ VOL?rontage $ v and parkway corner EA 15 For Non Irrigated Parkway Lots, provide a 8' Long 3/4" PVC pipe sleeved for future irrigation. 7 EA $��� $ '_-� 00a- C-2.1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) z ' dam ! Item �. a 3 v: c{' r 5 � • 4 � 4�xr,,,., xF Description f f ;Quantity Umt�,'Un►t Cost , Total Cost No #§ �;tf z ' (Extens►on) , Install Curbside grating Catch Basin per SSPWC Std. Plan 16 303-2 with Single Grate Per SSPWC Std. Plan 311-2 and provide connection to new 12" RCP Pipe 1 LS $ 10(2Q> , / $ (OVC 17 Furnish and install 12" RCP class V pipe with Concrete encasement including bedding trenching 38 $ $ and LF 18 Install Junction Structure to Connect new 12" RCP to existing 42" RCP. 1 $� $ LS 19 Furnish and Install 24"x24" catch basin box insert filter skimmer per Plans and Specifications 1 EA $A WD $ C00 20 14 Day Plant Establishment for sod 1 LS $ ?BO- $ �a 21 90 Day Plant Establishment for Trees 1 LS $1 1M' $ 22 Provide 1 year Landscape Maintenance for Trees 1 LS $ 1000 � $ /)� 000 23 Traffic Control per Specifications. 1 LS 4 �0 $ �Ob 24 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ $ ao 25 Install & Maintain Construction BMPs 1 LS !�////'�(l� $1rC��_ $ TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ J, 51,,7 • Oa TOTAL BID AMOUNT IN WORDS: 424E Auk-bee-D -fir F-f Y -Ave- 4h a use4'.)d --i'c v e- h u.,dtzd a n c l -�Weltfe d n61a---2s ah'� Z.ee, Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ?iQC�' �S \ ^ t 1�u`� in the amount of 1010 Di -\25 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract �l s e.v ��� P.o' F 0 ( 3 zed 65y�otq c a7 btu ( l ys'o- M 31 ��l,ls p-aa wPT-6 (A-,zs ►g�g2 �us�� s-r �D roi� Valle 91 q,706 �a�ra� ,a OOD- 1-3.� alb By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed ono '1 ni IV , at GY)o , Date City State CoY15b Yl , being first duly sworn, deposes and says that he or she is of A�\the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. P\\ nyYIEY 1 Cw) pf 1)' 1Mt Name of Bidder Signature of BidderE�V0V l G1Y\�V1i��� i�t�51Lj�VYi Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy or validitv of that document. State of California County of Riverside On 07/01/2016 before me, Rebecca Anima Parra Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAthey executed the same in his/herltheir authorized capacity(ies), and that by his/her/their REBECCA ANGELA PARKA signature(s) on the instrument the person(s), or the entity upon behalf Commission # 2024944 Q;.�_ of which the person(s) acted, executed the instrument. z'`" z Notary Public -California Z Z t` Riverside County D I certify under PENALTY OF PERJURY under the laws of the State of M Comm. Expires May 17. 2017 y California that the forgoing paragraph is true and correct. WITNESS my h and official seal. Signature Place Notary Seal Above Signature oftary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Non Collusion Affidavit Document Date: 07/01/2016 Number of Pages: One (1) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American As halt UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: —11 O 1 I i U C-5 11 em�.�r'i taY� 1�1nca 1 t Contractor By UdWC 6 > > Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. " � ` i'!�' Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1 0 1 ) w C-7 (IS P n')�M L CA Y-) 1Gt 1� Contractor By C,Y-6 Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A\\ �'-1y YiCCav� I�s`�In��l-� Bidder Name 11�L) (-fM `�W`h �Y w .L— Business Address � uyuni Cj� °I2v` c1 City, State Zip `BSI � ��i� - �►(,��� Telephone Number 2( 1P-U '�, (,I&iS,� A,C-19 State Contractor's License No, and Class ,a 1 -I ) Original Date Issued Expiration Date The work site was inspected by M Ot. of our office on 0 , 201 �. The following are persons, firms, and corporations having a principal interest in this proposal: �111 �A�mP.�i[ta�_I�kt�;r �-�- ��y ri,►�il� V, COY oft C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ill &nps rmn I Ili Company Name Signature of B Printed or typed Signature Subscribed and sworn to before me this day of .k ,201 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On Month, Day, and Year personally appeared before me, Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 07/01/2016 before me, Rebecca Angela Parra Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/hegtheir authorized capacity(ies), and that by his/heir a.......�,A._ NG signature(s) on the instrument the person(s), or the entity upon behalf J C�f_htt3rCCA ANC LA PARKA Commission # 2024944 of which the person(s) acted, executed the instrument. a z z��n Notary Public California Z '� Riverside County z I certify under PENALTY OF PERJURY under the laws of the State of NI Comm. Expires May 2017 California that the forgoing paragraph is true and correct. WITNESS my hanOpncl o4cial seal. Signature Place Notary Seal Above Signature of Not Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidder's Information Document Date: 07/01/2016 Number of Pages: Two (2) Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner ❑ ❑ Limited ❑ General RINT ❑ Partner ❑ ❑ Limited ❑ General RIGHT THUMBP. PRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size proiect work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. X 'Naw (Ikaft r1)?6 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 "2015" PAST WORK REFERENCES City of Hawthorne 4455 W. 162nd Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349-2980 City of Inglewood One Manchester Blvd, 3rd Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412-4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654-3987 City of Montclair 5111 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10/2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3" Floor Contract: $1,970,004.00 Riverside, CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015 City of Riverside 3900 Main Street Riverside, CA 92501 Contact: Steve Howard, (951) 826-5708 Long Beach Unified School District 2201 E. Market Street Long Beach, CA 92805 Contact: Nancy Chinchilla, (562) 997-7513 2014/15 Arterial Streets Contract Amount: $1,683,076.00 Start: 4/2015 Completed: 9/2015 Garfield Elementary School Pavement Contract Amount: $1,976,508.00 Start: 6/2015 Completed: 11 /2015 "2014" PAST WORK REFERENCES City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738-6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mark Cueno, (310) 285-2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647-5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 1 1 /2014 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 " 2013" PAST WORK REFERENCES Department of Transportation Route 74, Contract No. 12-OL6404 3521 3/4 University Dr Contract Amount: $1,134,057 Irvine CA 92612 Start: 7/2012 Contract: Dat Pham, (949) 279-8586 Completed: 5/2013 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259-2489 LACDPW 900 S Tremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave- B-6 Riverside, CA 92507 Contact: Michael Chen, (951) 830-6017 201 t/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 9/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No, 08-OP9504 Contract Amount: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 ElToro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949) 707-2650 Completed: 9/2013 County of Riverside Transportation 3525 1411 St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 City of Azusa 213 E Foothill Blvd Azusa, CA 91702 Christina Curiel, (626) 812-5254 Gilman Springs Road Contract Amount: $1,695,108 Start: 7/2013 Completed: 9/20 t 3 Pavement Management Improvements Contract Amount: $980,000 Start: 5 / 17/ 12 Completed: 1 / ] 8/ 13 2 "2O1Z" PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly HiIIs, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde , (951) 943-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., 10`h FIoor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000,00 Statt: 6/1/201 1 Completed: 4/30/2012 2010 201 1 Citywide Street Rehabilitation Contract Amount: $2,778,000,00 Start: 7/1/201 I Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: l /1/2012 Completed: 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount: 5676,676.00 Start: 12/ i /201 1 Completed: 5/30/20 l 2 Wiilow Street Improvements Contract Amount: S661,661.00 Start: l 2/1/201 1 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/ I / 2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount:.5422,422.00 Start: 511 /2012 Completed: 8/ 1 /2012 3 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: CgS\T-I)DU' `IVCC c',ck .'I G 2n1�11101� _I- ?"a1 S -/Iml; Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed am Project Name & Contract Amount Type of Work Date Completed 2. Wv Name of proposes{ Superintendent Telephone No. of proposed Superintendent: R5,0 4( -5— AIM RYiSW StyI—"I WIAV% W) V►,3°5d0)-VooaA \N c'A s no \k)ulq Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed wu r mo S�Yyf O\elyi k�Vlo. Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 177LI(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayPW CRegistrationForm DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: -1 10 i 1 N DIR #: 1 WTT 1CS C-12 ��� ' YIY?Y1(G9Y1 ftbn Contractor By f i F�� vela .�- �J1gi1 �v �_1t i' Y°S1a2Y Title o Fidelity and Deposit Company of Maryland 9 Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Brookhurst Street Frontage Road Improvements from Yorktown Avenue Frontage Road to Kamulea Drive, CC No. 1531 Bid Date: July 7, 2016 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee.the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of June AD 2016 .., � ccr 4gclit 41'1, 61X141,•4Vitness ALL AMERICAN ASPHALT (SEAL) Princip al [�W- �r(�,�•G'.11 11 Title \�I i u:- �(�'StUe1n�C FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Rebecca Haas -Bates , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (A]A) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-3 10, February 1970 Edition. BID70000ZZ0701f CALIFORNIAALL-PURPOSE •. •. - • '.A .AC.A'.AC.A .A<.AS�� .L1 .A .AC.'�C._TCiAC.AC�'T .:1C.A'-AC.AC.AS� _A'.A� .AC.:? .A .AC.A .A .AC.A .A�.A .'.��.A✓.A .AS.A�.AC.AS�'.A�.A . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 06/30/2016 Date before me R. Paramo, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name() is/ewe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thQir authorized capacity('L*, and that by h<her/their signature on the instrument the person(n) or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO Commission # 2035890 Z �� Notary Public - Catftornia i Z Orange County My Comm. Ex Tres Au 5, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true rrec . ITNESS my h an office I s t Signature of Notary Public Place Notary Seal Above OPTIONAL Though. this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 06/30/2016 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓ '✓ '!l •✓.'✓ '✓G'✓ 'YES/ '!f '✓Q� -''✓Q`Li'fJ'6'b5`t/.:�.<'c�i,`a,�, •L4VAU V.. �.' 'y5�✓. •v4`: c'i.`. -✓ L '✓ ✓ 'e/G-L4. eV -,✓��L - EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 30thday of .Inne 201. 0- SEAL Michael Bond, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 07/01/2016 before me, Rebecca Angela Parra Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heA4heir authorized capacity(ies), and that by histher4heir y REBECCA ANGELA PARKA signature(&) on the instrument the person(&), or the entity upon behalf Commission # 2024944 of which the person(s) acted, executed the instrument. z'c�`Z Notary Public -California Z z t: Riverside County D I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2017 ! California that the forgoing paragraph is true and correct. WITNESS my han an official seal. Signature Y �_ _/� , Place Notary Seal Above Signature or otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 06/30/2016 Number of Pages: One 1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(&): Vice President ❑ Corporate Officer — Title(s): ❑ Partner ❑ ❑ Limited ❑ General ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 Calpromax Engineering, Inc. 650 N. Rose Dr. #186 Placentia, CA 92870 RE: Brookhurst St. Frontage Road Improvement. — CC-1531 Enclosed please find your original bid bond for CC-1531. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand C.L- CX3 c"A 00 > 00 cQ C <= _6 SECTION C PROPOSAL for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS from YORKTOWN AVENUE FRONTAGE ROAD TO KAMULEA DRIVE CC No. 1531 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. if this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of. comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) BID ITEMS 1 1 Mobilization 1 LS 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick 240 $ $ > (0.1T) TN 3 Adjust Sewer Manhole to grade 4 EA 4/ 7 ob 4 Adjust Sewer Lateral Cleanout Manhole to grade 16 EA $ i /DU $ / � , 9 5 Furnish and Replace Existing Water Valve Cover and adjust to 4 EA $ % - l �� grade 6 Replace City provided Water Meter Box Frame and Cover with City furnished box to 17 2 $ 4!6'10 $ and cover and grade EA — 7 Surface Grind Existing AC to a depth of 2" (0.17') 17,000 SF Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain; Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and paint address.) Pull out all roots within proposed improvements 1,120 LF 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull out all roots within proposed improvements 3,350 SF / $ (, $ 2o, Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots 2,530 $ ?? - $ within proposed improvements SF 11 Remove Existing Tree and Grind Stump To 24" below grade. improvements 13 r $ �%� out all roots within proposed EA%© AOPull Plant new 24 Gallon Magnolia Little Gem Low Branching Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including 12 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil. 17 EA 00 Clear and Grub existing landscape including tree roots 24" 13 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard frontage both frontages for lots.) 17 $ 2, �bo $ 41 1500 parkway and parkway corner EA Remove and Replace existing irrigation system for each 14 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 10 EA 15 For Non Irrigated Parkway Lots, provide a 8' Long 3/4" PVC pipe sleeved for future irrigation. 7 EA G2.1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) E €€€i` x�€EE€ E ItEem €€€ € � k E € € E dEE€�i�� �^uE €N�e`� ,. E .; € EE iEDescriphon €�E .. EE, Quantity � I"" �.T I €€ €E(( ( mt�Cost € : TOM,Cost E IEi xtension) Install Curbside grating Catch Basin per SSPWC Std. Plan 16 303-2 with Single Grate Per SSPWC Std. Plan 311-2 and 12" RCP Pipe 1 $ ^00 $ provide connection to new LS ,LIDO 17 Furnish and install 12" RCP class V pipe with Concrete encasement including bedding and trenching 38 LF $ / $ j 18 Install Junction Structure to Connect new 12" RCP to existing 42" RCP. 1 LS $ I ,,Q6)o / 19 Furnish and Install 24"x24" catch basin box insert filter skimmer per Plans and Specifications 1 EA $_ r( (;� t— $ G�l�0 20 14 Day Plant Establishment for sod 1 LS $ i . $ 21 90 Day Plant Establishment for Trees 1 LS $ i $ 22 Provide 1 year Landscape Maintenance for Trees 1 LS $ 2,`X b $ 23 Traffic Control per Specifications. 1 LS $ 'V $ , 24 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ / U ` $ 25 Install & Maintain Construction BMPs 1 LS $ TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ 5�j L'Cs� TOTAL BID AMOUNT IN WORDS: ��,�� l;1 U � ✓ aft 111 � � k � /'J � ri-e i �,.r��� � .t,,..� � F�;-�l � i � �: Ed-. PA t / Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Acco� panyin this proposal of bid, find 8 I'd bot7d in the amount of - which said amount is not less than 10% of the aggregate of the total bid price, as required y the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor : State License Number Class DIR Number Dollar Amount % of Contract }�JC /1N21 r Zoo By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the , tate of Calif rnia that the foregoing is true and correct and that this declaration is executed on7107 /� , at l a ced fl q ,(f Date City State Ac,&a/I , being first duly sworn, deposes and says that he or she is CCSI eht ofdolpr©l)qCtX CriUi/ 'eeol�l3, i e parry making the foregoing bid that the bid is not made in the interest of, or on the b alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further; that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. X tA16-1A1 E-,.1/ 16 , /Ne . Name of Bidder Signature of Bidder t i101 /fl , (''A 9-� ,q '70 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the perfonnance of the work specified in the contract, known as the BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The tern "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 71611"2e/� C-5 4-PR 1144X CIV61//VECR //&-7, /A/cy . Contractor By AliZAR /2�/,9 IV Y Title /1/Z C �l DE /V T DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I. will comply with such provisions before commencing the perfonnance of the work of this contract. Date: / O 712,016 C-7 A LPR0AJAX tA' /G I / — /A/C7 itisL . Contractor _ X1,1 By AIIIf4%< 1<1484411V y Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip 714) 767-, 7� Telephone Number 17CI-6-9!33 /�, (-I/o State Contractor's License No. and Class Original Date Issued 0 01 /z 016 Expiration Date The work site was inspected by �,kSe le- Q CA of our office on 2016. The following are persons, fines, and corporations having a principal interest in this proposal: C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name i Signature of Bidder 1 Printed or Typed Signature Subscribed and sworn to before me this 7,/) day of J� 1!;V 201(e . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of LY'1% f C;'J) /lt County ofi On ? c2ol& before me, /1%car"Iri I e/ir it f>'i�UC���C(C ..���,�1!�ry '�� i % C' Mori h, Day, and Year Insert Name and Title dfNotary personally appeared iV % '� i f' ce.��.%C'217 NameO of Signer.(s) who proved to me on the basis of satisfactory evidence to be the person(0) whose name('') is/mil subscribed to the within instrument and acknowledged to me that he/440'k'hq executed the same in his/k�r^. W, authorized capacity(jy o), and that by hisfWj-�fy , signature($) on the instrument the person4), or the entity upon behalf of which the personjo) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature T HARIA DELIA AR MOCEDA COMM. #2133380 d Notary Public • California C z Orange County Comm. Ex Tres Nov. 9, 2019 ignature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Addre4s'of Public -Agency Name and Telephone No. of Project Manager: fer In ty ;e h e l' k3q-, soo Contract Amount type of Work Date Completed ide additional project Sin'c�d�e�scriptoqtoshow similar wok:i��c-//(, -/) CjGt I 2. 0/ /61 00 Name and Adc recT ss of lic Agency Name and Telephone No. of Project Manager: C?1 �C� 17 (.JYc'%�21a jot ��I/� ` 2% -_ Contract Amount Type of WA Date Completed Provide additional roiect 5lescriptign,to show similar work: /j Name and Add ess of Public Agency Name and Telephone No. of Project Manager:4 '51 OoD Y� Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-1© Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. 411 z.adr /�X6-&qoy Name of proposed Project Manager Telephone No. of proposed Project Manager:-- `i-` . �GaVIIirf1611 S'i�i���r/C � vo)p l�r� pro 6, �� s 2l%,gas L,aCtiec! er�r�ss��llc Project Name & Contract Amo71'a tType of Work Date Completed \,210 V e P-M -e at (Yler f� / gal St ��� Im �ro�e e � TrA f � �l ghols 061.E �1,-dis- Project Nai»e & Contract Amount Type of Work Date Completed Lld)� ✓eri �iU� �'��r;yG�� Crre�7 �Y .S'�9,;?0 'Y' l c, f �lri� t'C� �1�h X?/� � �j��, ��'I% /VlC% / � C�C�fI O�j � �1. D/Ii�S Project Name & Contract Amount Type of Work Date Completed �JLIS 6le-c , Name of proposed Superintendent Telephone No. of proposed Superintendent: 674q) Soo — 6�zs Cai o J(11,P%siral70 459 ���detti►oz/k � /Zam f) I112, p ;-O veifl en is - . iq, gas Z; *'gti z e (f el—nSS /.k r, �/ // �7 / 2- 0 /C. 3Project Name & Contract Amount Type of Work Date Completed Verl/3eeC h r, C%ere y%LI* ve Oak Am., lrcc1q,'c- � SIt-,et?z IjE/2 ?1) /P-,�1s., Project Name & Contract Amount Type of Work Date Completed ur".) rSri� A ir- & (Ya i,;Xv�� Project Name & Contract Amount Type of Work Date Completed C-1 t CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PubllcWorks/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efil i ng. dir.ca.gov/PW CWActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Z��/ _7 in�c Contractor By j _/9 R /-,//1i-3P fA /VY Date: 7/0 7/2 O / � Title DIR#: /0000( 2292_�q C-12 %G F S / Z) E /V AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 11-844-034 PREMIUM $0.00 BID DATE: 07/07/16 i BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Ca1ProMax Engineering, Inc. j (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach a (hereinafter called Obligee) in the penal sum of ten percent ( 10 %) of amount bid a not to exceed ten percent of the amount bid in --------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------ Dollars ($ 10 o ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors s and assigns, jointly and severally, firmly by these presents. i THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Brookhurst Street Frontage Road Improvments from Yorktown Avenue Frontage Road to Kamulea Drive, CC No. 1531 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be i specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall failt4len,the s undersigned shall pay the obligee the damages which the obligee may suffer by reason of such exceeding the penal sum of the bond.�� SIGNED, SEALED AND DATED THIS 7th DAY OF July :� '+ 01 1 Ca1ProMax Engineering, Ina PRINCIPAL By: AMERICA4CONT C ORS INDEMNITY COMPANY By: — Blake A Pfister, Attorney -in -Fact `i 1 j 3 RCCSZZ220B 10/05 :1 - •RA11A ALL-PIRPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange, ) On July 5, 2016 beforeme, Lianne Nahina, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ B l a k e A. P f i s t e r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/Av subscribed to the within instrument and acknowledged to me that he/f executed the same in his/ r authorized capacity@*, and that by his/1fttftMW signature(b) on the instrument the person(*, or the entity upon behalf of which the person(f acted, executed the instrument. I certify_ under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LIANNE NAHINA N COMM, # 2134629 W NOTARY PUBLIC-CALIFORNIA W Signature ORANGE COUNTY Cn Signature of Notary Public °qum MY COMM EXP. DEC 5, 2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document: Bid Bond 11- 8 4 4 - 0 3 4 Document Date: July 7 , 2016 Number of Pages: 1 Signer(s) Other Than Named Above: N / A , N o n e Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister .❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General El Individual IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company Signer's Name: ------- ❑ Corporate Officer — Title(s): El Partner ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: c:�s�-%.:��. a.`-%�:�s`-cs�:�s�.:� .� .� .�%� :�s� .�.�-cc`:c� .��.�::� c�.•:�: �.�.c�, :� ::�..�c� •.�c�s�c� �.�s� :�:�'%s�. �.�, .�s`�..�.-•ems 1 1 AJ VI_ ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY California_9 r— KNOWiAW MIEN $Y THESE PRBSENFMATM Aman ContractbrIsI ind,Mmb�,��I Q11IIII8m1parIII a co fi ;5Texas —WOO — _— I I 1�11,gi,&s Surety Compq -a- _Cqffiptujyf'�n assumed riff-b ni -e 1 & Bdnftg_= meMICSE actors iG6 1p I 1111111111i - An =nd— _y, Ili "Y"I -corporation and U.S. Specialty Insurance Company, a Texas corporation (collectivi the "Companies"), do by thes_st_��-preseffts make, constitute and appoint: Blake A. Pfister of Mission Viejo California f-a A-in-fdc in the irII II separateIcapacity if more t�es —Manamednamedarove. with full My6ffgfid afft11t4)g ifs and and Tre-tiyll rffl% 11% ds, recognizarfiRgAMert li r66y.dWnfMe`d:ffi!ts name, place analsteadt0i'll'il i knowledges_____ or other instruments or contracts of'suretyship to include riders, arriefftiments, and consents of surety, providing the bond penalty does not exceed ""It"Three Million***** Dollars 1 **3,000,000.00** . This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of -the-following resolutions adopted by tlie-Boards of Directors of the Companies _11- viidAtIffiffthe Tresident, any Vice EreMd :@p6Ms&f-s1anW =ceaPresident, any Secretary cretary shall be and 11,111hii, 111, 01 11,11, , .Illl, F and! 6 power and-Zuthorit0ici-appoint any one or more §U-11abRe pus-orwas Wbriiey(s)-in- act to represeritII a6 , i il (behalf of the Company!��hedMlc=fflg� an ! Tf,"i Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, andanysuch instruments so executed by any such Attorney- in -Fact shall be binding upon the Company as if signed by the President and seated and effected — by -the dSorpordt eff-retar-M.. lldill Ili XI se in of any authBriz6d,loffice�tlandf, company heretof6r�e�orsfrefVafteriaffixed td-�an wer of attorney ��rtificat�eirefft 1,1111I — — — — — N yow 111111111II)AIrl, gMitW - - or — ---9=- rel-& b sifnfle�iny power of atto oficellficEtelit ilin ifacsimile signature or fac�surrulii upon the CM — 6_Rttd5= y—Effic r I J11! fLahm any bond —or undi�ftaking to which it is attac 111 11 IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of December, 2014. 111 AMERICAN CONTRACTORS BRETEXAS COMPANY EXASBONDING(';, OMPANY Il'. IMP ((IIII UNITED A&TMEKS VA-EVNEC-7 Y U.S. SPEG III ull N SU, RMSIII COMPANY ol r at S I s_____ ll ................. `;, �VR I's A,uRFr . ........ ... By: SEPT 25. 19 S Daniel P. Aguilar, Vice President o ll�l Hill PI1Q, �gllilk, 1111111,11IIII A ry� 13,11ii-C dMaotliFf- officer completing thi'sli&rtifl Nerifieg6nly the identity�MhFdffldividual who gii n d the -d 0 c u-M c whid-fififfi= ss accuracy, ntato s certificate is attached, n6titheitibthftilHe or ���dom-uffenffF . .. . ...... State of California County of Los Angeles SS On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors lfideffihity_gompany, Texas BondingComp iHM85-tates Surety Company), d US S i "Ilil"I"I Ill, Company whaproved�-tio e — qeCia Mil Insurance ,y mel the Xi safisfactofy=evidence to be tbTape f0od, %h6§6ingfin6 Mubaribed to the within in §truffieritidniTiackhowiledged to me that Li Canstrfflffeffr�_� 'his 4ilthAied?izarq4t�nd that by his siF-a�trreon—:the=l�nstai—m6�erson, or the erl IIII I' t9h;li!Illll tll I' III II II III h'' po t111i"Oerson acted, exec!�_ III I certify under PENALTY OF PERJURY under the laws of the State ofCalifomia that the 10:`Iegoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RO . DRIGUEZ4t# JNG I Commission 2049771 (Sdal) < aignAture Z ��Y=yxbllciwcalifornia z 1 > 94P 0794e7courity Cl MY M MAAPJWSW�C20 2017 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power ofAttomey are in full force and effect. lu In Witness il 1, 1 Whereof, have hereuntomset9fifflhatididO Xfflba— the seals of sal GomTpa ies at$Illlgeles, CaliforrMIgMt 0 -_ f 2 0 1ft Corporate Seals .......... i ....... ....... i - I� l ",,4 - 7, "", C4W ,, _., ... C, 11 �Osi , Wif, i 0 3 4 R .1 =3W 51, Mo Lo, Assistant Secretary City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 Excel Paving Co. 2230 Lemon Ave. Long Beach, CA 90805 RE: Brookhurst St. Frontage Road Improvement. — CC-1531 Enclosed please find your original bid bond for CC-1531. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand 'Awa,! go I 40 LU C.X r t4C SECTION C PROPOSAL for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS from YORKTOWN AVENUE FRONTAGE ROAD TO KAMULEA DRIVE CC No. 1531 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) BID ITEMS D' escir g W, 1 Mobilization 1 LS 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick (0.1 T) 240 TN 3 Adjust Sewer Manhole to grade 4 EA $qq 0 4 Adjust Sewer Lateral Cleanout Manhole to grade 16 EA 7 a 5 Furnish and Replace Existing Water Valve Cover and adjust to grade 4 EA 6 Replace City provided Water Meter Box Frame and Cover with /6 5'06 City furnished box and cover and to grade 17 EA .64 7 Surface Grind Existing AC to a depth of 2" (0.1 T) 17,000 SF 71% to sa Remove and Reconstruct Curb and Gutter per HB Std. Plan U0 8 202 (CF=6") (Item includes lot drain, Slot Pavement, Aggregate Base, residential driveway curb and gutter, and (A9 paint address.) Pull out all roots within proposed improvements 1,120 LF $ 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. (W=4') Pull out all roots within proposed improvements 3,350 SF Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and gutter) Pull out all roots within proposed improvements 2,530 SF 11 Remove Existing Tree and Grind Stump To 24" below grade. OL97 Pull out all roots within proposed improvements 13 EA Plant new 24 Gallon Magnolia Little Gem Low Branching Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including 12 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil. 17 EA Clear and Grub existing landscape including tree roots 24" below replace with Class A top soil, and install dwarf 13 grade, fescue sod for each address lot. (address lot includes shard parkway frontage and both parkway frontages for corner lots.) 17 EA Remove and Replace existing irrigation system for each 14 parkway per address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) 10 EA 15 For Non Irrigated Parkway Lots, provide a 8'Long 3/4" PVC pipe sleeved for future irrigation. 7 EA C-2.1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) ;z4Item£t£Descriphont rw �, & `� Quantity Umt _Unit� ,C,ost F„3TofaltCoast ter,9�"9' � r >� IIII IN-RAW" s` pp W:. ♦t Y T #L��F�. a�..Eo 'd Ni� :kc-�✓(u ..u�W11, Install Curbside grating Catch Basin per SSPWC Std. Plan 16 303-2 with Single Grate Per SSPWC Std. Plan 311-2 and "i provide connection to new 12" RCP Pipe 1 LS $ U $y 17 Furnish and install 12" RCP class V pipe with Concrete $ O� $ encasement including bedding and trenching 38 LF 18 Install Junction Structure to Connect new 12" RCP to existing Q( e Z /� 2 `6 42" RCP. 1 LS $ V $ J� 19 Furnish and Install 24"x24" catch basin box insert filter p UU skimmer per Plans and Specifications 1 EA $ W $ 20 14 Day Plant Establishment for sod 1 LS $ 4 O ®� $ U� 21 90 Day Plant Establishment for Trees 1 LS $ 1000 $ d 000 ' 22 Provide 1 year Landscape Maintenance for Trees 1 LS $_ZjgV $ 23 Traffic Control per Specifications. 1 LS $ 006' $ 24 Prepare Storm Water Pollution Prevention Plan (SWPP) 1 LS $ LlGUd $ ®® 25 Install & Maintain Construction BMPs 1 LS $ TOTAL BID AMOUNT (BASIS OF AWARD) - SCHEDULE A $ TOTAL BID AMOUNT IN WORDS: L'Y1 r tz dreJ -411 "1' �-" vL tvV') kn-'jeJ .114,/,p✓i ,2 L't !C A rs Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accom anyying this ro sal of bid, find A 14r1�+�'S A � in the amount :tTE% NCENY OF amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: 000, Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number Dollar Amount % of Contract �_l op rho C4— t'VV`tre.t' � �Cf� �2ti GB 11BI I � , l2► 21 f.4rfi YK I � o � „ %c i t,, r 46 70)7 vv�D6 �h [A0r(A(A P� G�BM 1 �D q12 �i �� 10400® By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoin is true and correct and that this declaration is executed on 11 Ij - - , 4,6 LOKG BEAci , C,%NW14A Date City State G p UMN , being , deposes and says that he or she is MFSOFNT off1mmal>he party making the foregoing bid that the bid is not made in the interest' o ,' or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder 1 `) • 1`1..L•t., . J Signature of Bidder Glee: t9OWN, ' T 2230 LEMON AVENUE LC%*' ZEAC�,, uA S0606 Address of Bidder C-4 CALIFORhIIA ALL-PIINPOSE ACIOiIONfLC�GMENT CIVIL CODE 11189 A notary pubic or other officer corMleft this cwdflcde veffm only the ida ty of the iiidivkkxd. who signed the document to which this cerddcate is attached, and not the trutIfth ss, accuracy, or validity of thet domment. State of California County of Los Angeles ) On JUL ' 2016 before me, C. Phillips, Notary Public - DOD Hem Inert Name and Try of the Officer ppy appeared C. P. Brown Abme(s) of Slgner(s) who proved to me on the basis of satisfactory evidence. to r be the -Person * whose namely) is/ subscribed to the within instrument and acknowledged to me that hetsbOW executed the same In hisiftmNler authorized capacity(ies), and that by h signature(s) on the instrument the person(s), or the entity jrpon behalf of which the person(s) acted, executed the instrument. . . PHILLIP— COMM. #1996177. N �# ° K Notary �'.ibliaCalifornia �� " LOS ANGELES COUNTY fq'�;4 My Comm. Expires Oct. 29, 2016 ,.1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature. *Siof Notary Public Place Notary Seal Abode OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - rdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n other: Signer Is Representing-- Signer's.Name: 0 Corporate Officer litice(s): ❑ Partrw — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ other: Signer Is Representing: @2014 National Notary Association • www.NationalNotary.org ^ 1-800-US NOTARY (1-800-876-Mn Item #5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: DUI '� '� e01� C-s ,WC -WA L FAVNG M Contractor By c. pt mon, pilzoffpT Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. 0 * Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: j u N '7 2016 C-7 Contractor CP. By 0i Pt BROWN, OilerW'PT Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name f M. 08A WEL PAVWG COMPAW Z''W l i= J °:i AVENUE Business Address LUM t3E CK GA 0805 City, State Zip 1552) 599-5541 Telephone Number STATE LlCa 5A$659 °A° State Contractor's License No. and Class Original Date Issued sbll, le Expiration Date The work site was inspected byof our office on 201_ The following are persons, firms, and corporations having a principal interest in this proposal: Curtis P, Brown III Vice President and Chief Operating Officer er Marcie S, Miller Secretary Mlsflsle E. Dra4ililrh Accictant gPrrPta WEB_ RAM C . , AW C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. YWMA EXCEL PAMNG C Company Name Signature of Bidder C.P. DROW14, PK-S113ENT Printed or Typed Signature Subscribed and sworn to before me this _ day of.1UL - 7 E016 , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALi +J.!A LOS ANGELES County of ) On JUL m 7 2016 before me, Month, Day, and Year CA BROWN personally appeared C. Phillips, Rjotary Public` Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature QMy C.PHILLIPS COMM. #1996177 Notary Publio-Caiifornia LOS ANGELES COUNTY Comm: Expires Oct. 29.2016 Signature*pf Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. v IL. Cam- 1 Name and Address of Public Agency are-IOG Name and Telephone No. of Project Manager: q�:,Itp W/ki 51Q'L 9ix� i.0 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. (`,ln I Un/� h lk ?2 1 Name and Address of Public Agency Name and Telephone No. of Project Manager: bRIAK)A- R UeA6, VISna -3Wl 30n �46 no Sr ��2CJ1 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: GXAL �� �� 64C IK� ` IV? (B era Contract Amount of Work Provide additional project description to show similar work: C-10 Date Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental retevant project history in addition to the projects listed herein. Name of proposed Project Telephone No. of pro os(ed Project Manager: (562) 599-5841 pro iT MAC- AqVDI AL QPJr �Jto)% 1110 '7,17,yo Project Name & Contract Amount Type of Work Date Completed CCM wax� � A i41N-t a� k Proj&tt Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work L r2. 4AUZO U/tjt- Name of proposed Superintendent Date Completed IV VIA'"K Date Completed Telephone No. of proposed Serintendent: (562) 599-5841 u � SB � Sr 1�-�Ir- 114 � -73 (dgr2 Project Name & Contract Amount Type of Work (�VOLA0 (,dYtit C'b SmJrA ,A►r 4 Famt Date Completed r 0 7JL1) 1041 `%qr La S Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http: //www. dir. ca. gov/DL SE/Pub licWorks/S B 854FactS heet_6.3 0.14. pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca. gov/PWCR/ActionServlet?action=displayPWCRegistrationFonn DIR's Contractor Registration searchable database: http s: //efiling.dir. ca. gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthennore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R WMA .. PAVING COMPAWE. Date: u a 7 2016 C-12 Contractor By Title G. P. NO , PEE DEN7' Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the Slim Of Ten percent of the total amount of the bid Dollars ($ 1 0% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Brookhurst Street Frontage Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the fa ddW performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereot or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of June , 2016 KC11ELE E. DMAKUM,OASST. SECRETARY Witness ORSC 21328 (5/97) PALP Inc. dba Excel Paving Company �I v rwn--Pri2LClpa1 (Seal) By: �. C,P, LAf)ViIN, PRESIDENT Namelritle Federal Insurance Company Surety (Seat) d P" By: Douglas app t -Morney_in Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who.signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On June 29, 2016 before me, personally appeared Douglas A. Rapp Debra Swanson, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person() whose name(s-) is/efe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/4e4l4& authorized ca acit p y{i&s ,and that by his/HeN#heisignature(-t on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. E,,l OFTh� DEBRA SWANSON WITNESS my hand and official seal. u COMM. # 1997119 t �® r NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY N MY COMM, EXR NOVI" 4016 Signature l�Lt2`c=��d�;� (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 cNUBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ---------------- ---------------------- -------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President STATE OF NEW JERSEY ss. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. .Notarial Seal c KATHERINE J. ADELAAR �. AD `� NOTARY PUBLIC 16 NEW JfkSFI r'�a►O�AR,p �A Nc+. 23166B5 v ����, CornM WOn Expires July i A, 2014 Qt! G<y Notary Public �Eb+l JET`' CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CDMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seats of said Companies at Warren, NJ this 29th day of June, 2016 .wUii .�` �92yxrh `�`'VR4ryCt' y.+iparnw6 4 C°Z �'OIAHP is RSt�, yEW Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 02256- U (Ed. 5- 03) CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the . document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of Los Angeles ) On before me, CC Phillips.; Notary Public Date Here Insert Name and Title of the Officer personally appeared C.P. Brown and Michele E. Drakulich Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence- to be the person(s) whose name(s) dare subscribed to the within instrument and acknowledged to me that /they executed the same in bNW/their authorized capacity(ies), and that bye/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C. PHILLIPS F OMM. #1996177 Signature. ary Public -California of Notary Public S ANGELES COUN'rYmm. Expires Oct. 29, 2016 Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descript'lon of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,?2014 National• • •www.Nationa]Notary.org :11 • :11 . .: City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk October 26, 2016 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: Brookhurst St. Frontage Road Improvement. — CC-1531 Enclosed please find your original bid bond for CC-1531. Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan e Waitakere, New Zealand a CD 00 cm\j 00 < O X OD rr LU a:.. cl) uj. U) Co Lu Izz SECTION C PROPOSAL for the construction of BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS from YORKTOWN AVENUE FRONTAGE ROAD TO KAMULEA DRIVE CC No. 1531 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts; and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) BID ITEMS Item �, Description QuantatyUnit "UinitCost 'Total Cost No �, ". (Exterisionj 1 Mobilization 1 LS $� 2 Install Type III C3-PG-64-10 Asphalt Concrete Overlay 2" thick 240 $ $ (0.17') TN 3 Adjust Sewer Manhole to grade 4 EA $ ?0 7 .L� $ a� a 4 Adjust Sewer Lateral Cleanout Manhole to grade 16 EA $ / $ �7 '!�eO 5 Furnish and Replace Existing Water Valve Cover and adjust' to 4 / ag $ grade EA 6 Replace City provided Water Meter Box Frame and Cover with City furnished box 17 $ $ and cover and to grade EA 7 Surface Grind Existing AC to a depth of 2" (0.1 T) 17,000 SF $ Q a - Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 8 Aggregate Base, residential driveway curb and gutter, and address.) Pull out all roots within paint proposed improvements 1,120 LF $ ( 9 Remove and Reconstruct Sidewalk per HB Std. Plan 207. Pull 3,350 �(, $ { �7� so $ d>, (W=4') out all roots within proposed improvements SF 7 < / !�• Remove and Reconstruct Residential Driveway Approach Per 10 HB Std. Plan 209. ("W" Per Plan) (Item includes any Onsite Blending; does not include curb and Pull out all roots gutter) improvements 2,530 $ $ f within proposed SF Cl, /� 11 Remove Existing Tree and Grind Stump To 24" below grade. Pull 13 Or $ 7e 7 © t 66 $ out all roots within proposed improvements EA / dJ Plant new 24 Gallon Magnolia Llttle Gem Low Branching Tree with Root Barrier per HB Std. Plans 714, 716 & 718 including 12 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top 17 Qf�{ t✓ $ ✓ 2 ' $ 7 soil. EA fly" f Clear and Grub existing landscape including tree roots 24" 13 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot. (address lot includes shard parkway frontage and both parkway frontages for corner lots.) 17 EA Remove and Replace existing irrigation system for each 14 parkway per address lot. (address lot includes shared parkway frontage both frontages for 10 and parkway corner lots.) EA 15 For Non Irrigated Parkway Lots, provide a 8' Long 3/4" PVC pipe sleeved for future irrigation. C-2.1 ?e SECTION C PROJECT BID SCHEDULE A BROOKHURST STREET FRONTAGE ROAD, CC 1531 (YORKTOWN AVENUE TO KAMUELA LANE) Item,,:!Descript�on� ° IV- 'k�E���:CExtensionl0 Qnant�ty Unit Umt Cost Total Cost e Install Curbside grating Catch Basin per SSPWC Std. Plan 16 303-2 with Single Grate Per SSPWC Std. Plan 311-2 and�1 1 $ 676 provide connection to new 12" RCP Pipe IS 7, j 17 Furnish and install 12" RCP class V pipe with Concrete including 38 g 7 so $�/ r $ '� encasement bedding and trenching LF 18 Install Junction Structure to Connect new 12" RCP to existing 42" RCP. 1 $ �� $ ?, �� r >_ LS —� >, 19 Furnish and Install 24"x24" catch basin box insert filter �-. $ $ ? Ca - skimmer per Plans and Specifications 1 EA ? 20 14 Day Plant Establishment for sod 1 LS /�%S� $ 7,7 s� $ %S %,1.0 21 90 Day Plant Establishment for Trees 1 LS $ �,���,}� $ 75�� �, ���. J 22 Provide 1 year Landscape Maintenance for Trees 1 LS $ 23 Traffic Control per Specifications. 1 LS $ �/ ��G � $ 24 Prepare Storm Water Pollution Prevention Plan SWPP 25 Install & Maintain Construction BMPs 1 LS $��� $ 0l� TOTAL ��, �l• s� BID AMOUNT (BASIS OF AWARD) — SCHEDULE A $ TOTAL BID AMOUNT IN WORDS: I -Q,�e �%lla�ncl ��'f� Gee is Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find /�' ����> G���� in the amount of ��e which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number 7 J lVeNe CI�U�'%iUb, aS .ro-/*dP�s 373G� Peei) kv0vd 9 ] irpp 5,1k,.4 h q100 � �a la;�3 �C�cfQ tend s�u�'e ;pia flt ha��S�, 06,02 6?_7 1oo�oud��6 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 'P' —A;,at Gno!A!�q/C4=0£ Date City State t arz//�� t��� being first duly sworn, deposes and says that he or she is ofthe parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder re of Address of Bidder C.-"� '" ,/'p�'P, , � � � •f rV1 C-4 State of California County of Orange On % — %--� & personally appeared before me, Nodland Kay E. Anderson/Notary Public (Here insert name and title of the officer) who proved to me on the.basis of satisfactory evidence to be the persorlWf whose name(,s-`is/#re'subscribed to the within instrument and acknowledged to me that he/5hdt le-y^executed the same in his/-be-r/t eir authorized capacity(ie-s�', and that by his/her4heifr signatures on the instrrument the person(s); or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Peit AY E. ANGERSON 9 Commission # 2031255 z S m an and official seal. ;„I Notary Pudic - California Z Z 3'-� Orange County �J My Comm. Expires Jun 27, 2017 Signature -of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in., California (i.e. certifying the authorized capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #e/she/tlrey ,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BROOKHURST STREET FRONTAGE ROAD IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is,familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -7 '07--, )eb C-5 Ao be�� / �hr' Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes B No If the answer is yes, explain the circumstances in the space provided. k Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: / —7 "')1L> C-7 Title J BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name �/ Business Address City, State Zip c 71't > e%)- Telephone Number State jC�ontractor's License No. and Class /._ zr Original Date Issued 7- :51--iS' Expiration Date The work site was inspected by �'� 1(e L,'U,' tS of our office on 2iwi ' 201 . The following are persons, firms, and corporations having a principal interest in this proposal: r 0 C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Ahe,p- I.,,-r A( Company Nan>e.�� Signature of Bidder Printed or Typed Signature Subscribed and swom to before the this 7 day of-X'J201_L. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CAL- t 7- County of On .% -1 --2-4:)I !o Month, Day, and Year personally appeared before me, XAq Er ; A74--��-s c5 Insee Name and Title of Notary e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personk�whose name is/a� subscribed to the within instrument and acknowledged to me that he/ eAD<-executed the same in his/ /tleK authorized capacityef , and that by hiss signatureeon the instrument the person(eor the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si KAY E. ANDERSON Commission # 2031255 a -"ffi 1> Notary Public - California z Z 't' Z Orange County My Comm. Expires Jun 27, 2017 Sikature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of (Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within_ public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. w C -//aCIPW Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 NOBEST INCORPORATED REFERENCE LIST Page 1 No. 1 Project Name/Nuinber: Bay Avenue Maintenance #6 Project Description: Remove and Replace Concrete Streets and Alles Approximate Construction Dates: From: 3/2015 To: 6/2015 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949) 644-3342 Original Contract Amount: $826,000 Final Contract Amount: $ 836,063 No. 2 Project Name/Number: Residential Tree Petition Street Improvements Project Description: Remove & Replace Curb & Gutter. Sidewalks. Driveways. Cross Gutter. Tree Planting. Coldmill and Overlay Approximate Construction Dates: From: 8/2015 To: In Progress Agency Name: City of Huntington Beach Contact Person: Dave Verone Telephone: (714) 536-5431 Original Contract Amount: $650,501 Final Contract Amount: S In Progress NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Number: Annual Concrete Maintenance Program Project Description: R & R Concrete Sidewalks Curb & Gutter Drive Approaches and Curb Ramps Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $500,000 Final Contract Amount: $ In Progress No. 4 Project Name/Number: Section 2 Concrete Repair & Miscellaneous Slurry Project — Project Description: Remove & Replace Sidewalks Driveways Curb Ramps and Curb & Gutter Approximate Constriction Dates: From: 8/2014 To: 10/2014 Agency Name: -City of Manhattan Beach Contact Person: Juan Price Telephone: (310) 802-5310 Original Contract Amount: S1,119,790 Final Contract Amount: S 1,138,600 NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: Annual Concrete Rehabilitation Project 128 Project Description: Remove & Replace Sidewalk, Curb Ramps, Curb & Gutter, and Tree Removals Approximate Construction Dates: From: 5/2015 To: 8/2015 Agency Name: City of Cypress Contact Person: Dario Simoes Telephone: (714) 229-6694 Original Contract Amount: S514,000 Final Contract Amount: S 431,883 No. 6 Project NamefNUmber: Safe Routes to School Grant Project Description: Remove and Replace Sidewalk Curb & Gutter Driveways Curb Ramps and Alleys Approximate Construction Dates: From: 8/2014 To: 7/2015 Agency Name: City of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: S 1.5 15,103 Final Contract Amount: S 1,700,000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. mZ l Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Date Completed S Cf� -A 7T-S4 -lam Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Name of proposed Superintendent ..� Telephone No. of proposed Superintendent: � 1 C/ Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-11 Date Completed Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/S B854FactSheet-6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/P W CR/ActionServlet?action=displayP WCRegistrationFon-n DIR's Contractor Registration searchable database: littps://efiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. At? _�7/1 Contractor pl,-� �, �-/& /,/ Title Date: DIR #: (0661 115,29 C-12 Bid Bond CONTRACTOR: Game, legal status and address) Nobest Incorporated 7600 .Acacia Ave. Garden Grove, CA 92841 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Bond Number: CSBA-2503 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (,'Mutual) 6700 Westown Parkway West Des Moines, LA 50266 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent (10 %) of .mount Bid PROJECT: Brookhurst Street Frontage Road Improvements CC No. 1531 in the City of Huntington Beach Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractors bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 23rd day of June, 2016 Nobest Incorporated (Principal) (Se (W'Itness) �. (Surety) / ® (Seal) ([witness) (fstle) Arturo Ayala, Attorney <-Vact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.or) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications maybe made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. State of California County of Orange On __ �'' before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland 11 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s);;s7`are subscribed to the within instrument and acknowledged to me that,11el'oe9they executed the same in �.rs/her/their authorized capacity(ies), and that by hi's' er`/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON Commission # 2031255 WITNES my h d and official seal. Z.�,- �; Notary Public -California z Orange County n My Comm. Expires Jun 27, 2017 ignature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) EX Corporate Officer ( s ) Larry Nodland—President M21)Robert Nodland II —Sec. O Partner(s) O Attorney -in -Fact O Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required • State and County information must be the Sate and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 4a/she/d+e}" is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 06/23/2016 before me, Susan Pu personally appeared Arturo Ayala , Notary Public who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUSA :. PUGHfr'1. Y .:'i',Ic"l. ly 0f2 .,r r yilNTY I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document One Number of Pages 06/23/2016 Date of Document Signer(s) other than named above ME CIS A NBond No. CSBA-2503 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of March 2016 )fit lq�'����' .'• O\NG COMERCHANTS BONDING CA• MERCHANTS NATIONALCOMPANY TUAL) BONDING,( NC Co AP STATE OF IOWA '`''�,�.n x..««�!«'", • • ..... COUNTY OF Dallas ss. President On this 1st day of March 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,�I t WENDY WOODY A, n Corrimissirm N_-irbee 784b54 -7 'try Commission Expires June 20, 2017 Notary Publi , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of June , 2016 . q.y. Co .�..c. �►"—: -o- o:— •z: ' a'• 1933 c: . POA 0014 (6/15) Secretary